Missouri Statute | Act | Code |Public Safety And Morals| US Code - US Statute

1. A "fire protection district" is a political subdivision which
is organized and empowered to supply protection by any available means to
persons and property against injuries and damage from fire and from
hazards which do or may cause fire, and which is also empowered to render
first aid for the purpose of saving lives, and to give assistance in the
event of an accident or emergency of any kind. The district must consist
of contiguous tracts or parcels of property containing all or parts of
one or more counties, and may include within its boundaries, or may be
contiguous with, any city, town or village.

2. The word "board" as used in this chapter shall mean the board of
directors of a fire protection district.

3. Except as otherwise provided in this chapter, all elections herein
provided for shall be held and conducted and the returns thereof made,
examined, and cast up in the same manner and in all respects as in
elections for state and county officers. (L. 1947 V. I p. 432 § 2, A.L.
1965 p. 509, A.L. 1969 H.B. 322, A.L. 1978 H.B. 971, S.B. 628, A.L. 1979
S.B. 236)

Effective 6-15-79

No person holding any lucrative office or employment under this
state, or any political subdivision thereof as defined in section 70.120,
RSMo, shall hold the office of fire protection district director under
this chapter. When any fire protection district director accepts any
office or employment under this state or any political subdivision
thereof, his office shall thereby be vacated and he shall thereafter
perform no duty and receive no salary or expenses as fire protection
district director. This section shall not apply to members of the
organized militia, of the reserve corps, public school employees and
notaries public, or to fire protection districts located wholly within
counties of the second, third or fourth class or located within first
class counties not adjoining any other first class county, nor shall this
section apply to any county of the first or second class not having more
than nine hundred thousand inhabitants which borders any three first
class counties; nor shall this section apply to any first class county
without a charter form of government which adjoins both a first class
county with a charter form of government with at least nine hundred
thousand inhabitants, and adjoins at least four other counties. The term
"lucrative office or employment" does not include receiving retirement
benefits, compensation for expenses, or a stipend or per diem, in an
amount not to exceed seventy-five dollars for each day of service, for
service rendered to a fire protection district, the state or any
political subdivision thereof. (L. 1978 S.B. 628, A.L. 1984 H.B. 924,
A.L. 1990 H.B. 1149, A.L. 1991 H.B. 116)

Effective 4-16-91

Notwithstanding the provisions of section 321.015, no employee
of any fire protection district or ambulance district shall serve as a
member of any fire district or ambulance district board while such person
is employed by any fire district or ambulance district, except that an
employee of a fire protection district or an ambulance district may serve
as a member of a voluntary fire protection district board or a voluntary
ambulance district board. (L. 1991 S.B. 262 § 11, A.L. 1993 H.B. 196)

Effective 2-8-93

The circuit court sitting in and for any county of this state,
containing all or part of a proposed district, may, as provided in this
chapter, establish fire protection districts. (L. 1947 V. I p. 432 § 3,
A.L. 1969 H.B. 322, A.L. 1978 H.B. 1634, S.B. 628, A.L. 1979 S.B. 236)

Effective 6-15-79

The organization of a district shall be initiated by a petition
filed in the office of the clerk of the circuit court vested with
jurisdiction in any county in which all or part of the real property in
the proposed district is situated. The petition shall be signed by one
hundred voters or more of the district. (L. 1947 V. I p. 432 § 4, A.L.
1978 H.B. 971, S.B. 628)

The petition shall set forth:

(1) The name of the proposed district consisting of a chosen name
preceding the words "fire protection district";

(2) An estimate of the number of inhabitants and of the assessed
valuation of the taxable tangible property of the district, and of the
yield from the intangible personal property located in the district;

(3) The estimated cost of the proposed improvements;

(4) A general description of the boundaries of the district or the
territory to be included therein, with such certainty as to enable a
property owner to determine whether or not his property is within the
district, and a plat of the proposed district;

(5) Such other data and information as may be useful to the court in
determining the necessity for the organization of the district;

(6) A prayer for the organization of the district. (L. 1947 V. I p. 432 §
5)

No petition with the requisite signatures shall be declared null
and void on account of alleged defects, but the court may at any time
permit the petition to be amended to conform with the facts, by
correcting any errors in the description of the territory, or in any
other particular, except that the boundaries of the district may not be
enlarged by taking in additional territory, without notice to the owners
of the property thus affected, which notice may be made by publication or
service of such pleadings and orders on the owners so affected. Similar
petitions or duplicate copies of the same petition for the organization
of the same district, revising the boundaries of the proposed district,
or recommending another chosen name for the district, may be filed at any
time before a hearing is had on the petition, and shall, together with
the first petition, be regarded as one petition, and shall be considered
by the court the same as though filed with the first petition placed on
file. (L. 1947 V. I p. 432 § 6)

There shall be filed with the petition, or petitions, a filing
fee in the amount of one hundred dollars to cover the payment of court
costs. (L. 1947 V. I p. 432 § 7)

Immediately after the filing of such petition or any amended
petition changing the boundaries, the court wherein such petition is
filed or the judge thereof in vacation shall, by order, fix a time and
place not less than thirty days nor more than sixty days after the
petition is filed for a hearing thereon, and thereupon the circuit clerk
shall cause notice by publication to be made of the filing of the
petition and the pendency of the action and of the time and place of the
hearing thereon. The circuit clerk shall also forthwith cause a copy of
the notice to be mailed by United States registered mail to the governing
body of each municipality having territory within the proposed boundaries
of the proposed district, and to the county commission of each county in
which the proposed district lies. (L. 1947 V. I p. 432 § 8, A.L. 1978
S.B. 628)

The circuit court in and for the county in which the petition
for the organization of a district has been filed shall thereafter for
all purposes of this chapter, except as otherwise provided, maintain and
have original and exclusive jurisdiction over all matters connected with
or affected by said district. No judge of the circuit court wherein such
petition is filed shall be disqualified to perform any duty imposed by
this chapter by reason of ownership of property within the proposed
district. (L. 1947 V. I p. 432 § 9, A.L. 1969 H.B. 322)

Any time after the filing of a petition for the organization of
a district and before the day fixed for the hearing thereon, a petition
may be filed in the office of the circuit clerk, wherein the petition for
the organization of such district is pending, protesting against the
creation of the proposed district. Such protesting petition shall be
signed and filed by or on behalf of one or more voters of the district,
and shall recite wherein the incorporation of the district will not
promote the purposes as set forth in the petition, or wherein sufficient
facts have not been related to justify the incorporation of such
district, and any other facts which may be useful to the court in
determining whether or not such original petition shall be allowed. (L.
1947 V. I p. 432 § 10, A.L. 1978 H.B. 971)

Upon the hearing if it shall appear that a petition for the
organization of a district has been signed and presented pursuant to the
provisions of this chapter, and that the allegations of the petition are
true and that no protesting petition has been filed, or if one has been
filed, that the facts adduced in behalf thereof at the hearing are
insufficient to sustain the protesting petition, the court shall, by
order duly entered of record, adjudicate all questions of jurisdiction,
declare the district organized, define the boundaries thereof, and give
it a corporate name by which in all proceedings it shall thereafter be
known, and thereupon the district, subject to the election herein
provided, shall be a political subdivision of the state of Missouri and a
body corporate with all the powers of like or similar corporations. (L.
1947 V. I p. 432 § 11, A.L. 1969 H.B. 322)

Upon the hearing if the court finds that the petition has not
been signed, filed and presented pursuant to the provisions of this
chapter, or that the material facts are not as set forth in the petition
filed, or that sufficient facts have not been presented to justify the
incorporation of the district, it shall dismiss the proceedings and
adjudge the costs against the signers of the petition, or petitions, in
such proportion as it deems just and equitable. No appeal or writ of
error shall lie from an order dismissing the proceeding; but nothing
herein shall be construed to prevent the filing of a subsequent petition,
or petitions, for similar improvements or for a similar district, and the
right so to renew such proceeding is hereby expressly granted and
authorized. (L. 1947 V. I p. 432 § 14, A.L. 1969 H.B. 322)

(1969) A fire protection district is not a political subdivision within
the constitutional sense for purposes of appellate jurisdiction. Conner
v. Herd (Mo.), 442 S.W.2d 501.

1. The decree of incorporation shall not become final and
conclusive until it has been submitted to an election of the voters
residing within the boundaries described in such decree, and until it has
been assented to by a majority vote of the voters of the district voting
on the question. The decree shall also provide for the holding of the
election to vote on the proposition of incorporating the district, and to
select three or five persons to act as the first board of directors, and
shall fix the date for holding the election.

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

Shall there be incorporated a fire protection district?

[ ] YES [ ] NO

3. The proposition of electing the first board of directors or the
election of subsequent directors may be submitted on a separate ballot or
on the same ballot which contains any other proposition of the fire
protection district. The ballot to be used for the election of a director
or directors shall be substantially in the following form:

OFFICIAL BALLOT Instruction to voters:

Place a cross (X) mark in the square opposite the name of the candidate
or candidates you favor. (Here state the number of directors to be
elected and their term of office.)

ELECTION

(Here insert name of district.) Fire Protection District. (Here insert
date of election.)

FOR BOARD OF DIRECTORS .......... [ ] ..........[ ] .......... [ ]

4. If a majority of the voters voting on the proposition or propositions
voted in favor of the proposition to incorporate the district, then the
court shall enter its further order declaring the decree of incorporation
to be final and conclusive. In the event, however, that the court finds
that a majority of the voters voting thereon voted against the
proposition to incorporate the district, then the court shall enter its
further order declaring the decree of incorporation to be void and of no
effect. If the court enters an order declaring the decree of
incorporation to be final and conclusive, it shall at the same time
designate the first board of directors of the district who have been
elected by the voters voting thereon. If a board of three members is
elected, the person receiving the third highest number of votes shall
hold office for a term of two years, the person receiving the second
highest number of votes shall hold office for a term of four years, and
the person receiving the highest number of votes shall hold office for a
term of six years from the date of the election of the first board of
directors and until their successors are duly elected and qualified. If a
board of five members is elected, the person who received the highest
number of votes shall hold office for a term of six years, the persons
who received the second and third highest numbers of votes shall hold
office for terms of four years and the persons who received the fourth
and fifth highest numbers of votes shall hold office for terms of two
years and until their successors are duly elected and qualified.
Thereafter, members of the board shall be elected to serve terms of six
years and until their successors are duly elected and qualified, provided
however, in any county with a charter form of government and with more
than two hundred fifty thousand but fewer than three hundred fifty
thousand inhabitants, any successor elected and qualified in the year
2005 shall hold office for a term of six years and until his or her
successor is duly elected and qualified and any successor elected and
qualified in the year 2006 or 2007 shall hold office for a term of five
years and until his or her successor is duly elected and qualified, and
thereafter, members of the board shall be elected to serve terms of four
years and until their successors are duly elected and qualified. The
court shall at the same time enter an order of record declaring the
result of the election on the proposition, if any, to incur bonded
indebtedness.

5. Notwithstanding the provisions of subsections 1 to 4 of this section
to the contrary, upon a motion by the board of directors in districts
where there are three-member boards, and upon approval by the voters in
the district, the number of directors may be increased to five, except
that in any county of the first classification with a population of more
than nine hundred thousand inhabitants such increase in the number of
directors shall apply only in the event of a consolidation of existing
districts. The ballot to be used for the approval of the voters to
increase the number of members on the board of directors of the fire
protection district shall be substantially in the following form:

Shall the number of members of the board of directors of the
......................... (Insert name of district) Fire Protection
District be increased to five members?

[ ] YES [ ] NO

If a majority of the voters voting on the proposition vote in favor of
the proposition then at the next election of board members after the
voters vote to increase the number of directors, the voters shall select
two persons to act in addition to the existing three directors as the
board of directors. The court which entered the order declaring the
decree of incorporation to be final shall designate the additional board
of directors who have been elected by the voters voting thereon as
follows: the one receiving the second highest number of votes to hold
office for a term of four years, and the one receiving the highest number
of votes to hold office for a term of six years from the date of the
election of such additional board of directors and until their successors
are duly elected and qualified. Thereafter, members of the board shall be
elected to serve terms of six years and until their successors are duly
elected and qualified, provided however, in any county with a charter
form of government and with more than two hundred fifty thousand but
fewer than three hundred fifty thousand inhabitants, any successor
elected and qualified in the year 2005 shall hold office for a term of
six years and until his or her successor is duly elected and qualified
and any successor elected and qualified in the year 2006 or 2007 shall
hold office for a term of five years and until his or her successor is
duly elected and qualified, and thereafter, members of the board shall be
elected to serve terms of four years and until their successors are duly
elected and qualified.

6. Members of the board of directors in office on the date of an election
pursuant to subsection 5 of this section to elect additional members to
the board of directors shall serve the term to which they were elected or
appointed and until their successors are elected and qualified. (L. 1947
V. I p. 432 § 12, A.L. 1969 H.B. 322, A.L. 1977 H.B. 216, A.L. 1978 H.B.
971, S.B. 628, A.L. 1981 S.B. 166, A.L. 1990 H.B. 1395 & 1448, S.B. 862,
A.L. 1993 H.B. 373, A.L. 1995 H.B. 452, et al., A.L. 2003 H.B. 511, A.L.
2005 H.B. 58 merged with S.B. 210)

Notwithstanding other provisions of this chapter, members of the
board of directors in office on September 28, 1981, shall serve the term
to which they were elected or appointed and until their successors are
elected and qualified. (L. 1981 S.B. 166, A.L. 1990 H.B. 1395 & 1448)

1. A person, to be qualified to serve as a director, shall be a
voter of the district at least one year before the election or
appointment and be over the age of twenty-five years; except as provided
in subsections 2 and 3 of this section. Nominations and declarations of
candidacy shall be filed at the headquarters of the fire protection
district by paying a ten dollar filing fee and filing a statement under
oath that such person possesses the required qualifications.

2. In any fire protection district located in more than one county one of
which is a first class county without a charter form of government having
a population of more than one hundred ninety-eight thousand and not
adjoining any other first class county or located wholly within a first
class county as described herein, a resident shall have been a resident
of the district for more than one year to be qualified to serve as a
director.

3. In any fire protection district located in a county of the third or
fourth classification, a person to be qualified to serve as a director
shall be over the age of twenty-five years and shall be a voter of the
district for more than one year before the election or appointment,
except that for the first board of directors in such district, a person
need only be a voter of the district for one year before the election or
appointment.

4. A person desiring to become a candidate for the first board of
directors of the proposed district shall pay the sum of five dollars as a
filing fee to the treasurer of the county and shall file with the
election authority a statement under oath that such person possesses all
of the qualifications set out in this chapter for a director of a fire
protection district. Thereafter, such candidate shall have the
candidate's name placed on the ballot as a candidate for director. (L.
1947 V. I p. 432 § 13, A.L. 1969 H.B. 322, A.L. 1978 H.B. 971, A.L. 1981
S.B. 166, A.L. 1990 H.B. 1395 & 1448, A.L. 1993 H.B. 177 merged with S.B.
31 merged with S.B. 346, A.L. 1995 H.B. 484, et al., A.L. 2002 S.B. 1107,
A.L. 2005 S.B. 210)

If a final order be entered establishing the district, such
order shall be deemed final and conclusive, and no appeal or writ of
error shall lie therefrom, and the entry of such order shall finally and
conclusively establish the regular organization of said district against
all persons except the state of Missouri, in an action in the nature of a
writ of quo warranto, commenced by the attorney general within thirty
days after said decree declaring such district finally organized as
herein provided and not otherwise. The organization of such district
shall not be directly or collaterally questioned in any suit, action or
proceeding except as herein expressly authorized. (L. 1947 V. I p. 432 §
15)

Within thirty days after the final order of the circuit court of
the county in which the district has been declared a public corporation,
the circuit clerk of that court shall transmit to the county clerk and to
the recorder of deeds in each county in which the district is located
copies of the findings and decrees of the court incorporating the
district. The same shall be filed in the same manner as articles of
incorporation are required to be filed under the general laws concerning
corporations, and each recorder and clerk shall receive a fee of one
dollar for filing and preserving the same. (L. 1947 V. I p. 432 § 16,
A.L. 1978 S.B. 628)

Whenever a district has been declared duly and finally
organized, the members of the board shall thereafter qualify within
fifteen days by filing with the circuit clerk their oaths of office,
which shall be in the form prescribed by the constitution, and such board
members shall also file with the circuit clerk corporate surety bonds to
be furnished at the expense of the district in an amount not to exceed
one thousand dollars each, the form and amount thereof to be fixed and
approved by the circuit court having jurisdiction, and said bonds to be
conditioned for the faithful performance of their duties as directors.
(L. 1947 V. I p. 432 § 17)

After taking their oaths and filing their bonds, the board shall
choose one of its members as chairman of the board and president of the
district, and shall elect a secretary and a treasurer of the board and of
the district, who may or may not be members of the board. The secretary
and the treasurer may be one person. Such board shall adopt a seal, and
the secretary shall keep in a well-bound book a record of all its
proceedings, minutes of all meetings, certificates, contracts, bonds
given by employees and a record of corporate acts, which shall be open to
inspection of all owners of property in the district, as well as to all
other interested parties. (L. 1947 V. I p. 432 § 18)

The treasurer shall keep strict and accurate accounts of all
money received by and disbursed for and on behalf of the district in
permanent records. He shall file with the clerk of the court, at the
expense of the district, a corporate fidelity bond in an amount to be
determined by the board for not less than five thousand dollars,
conditioned on the faithful performance of the duties of his office. He
shall file in the office of the county clerk of each county in which all
or part of the district lies a detailed financial statement for the
preceding fiscal year of the district on behalf of the board, on or
before April first of the following year. (L. 1947 V. I p. 432 § 19, A.L.
1965 p. 509, A.L. 1978 H.B. 1115, S.B. 628, A.L. 2002 S.B. 1107)

Each member of the board may receive an attendance fee not to
exceed one hundred dollars for attending each regularly called board
meeting, or special meeting, but shall not be paid for attending more
than two in any calendar month, except that in a county of the first
class having a charter form of government, he shall not be paid for
attending more than four in any calendar month. However, no board member
shall be paid more than one attendance fee if such member attends more
than one board meeting in a calendar week. In addition, the chairman of
the board of directors may receive fifty dollars for attending each
regularly or specially called board meeting, but shall not be paid the
additional fee for attending more than two meetings in any calendar
month. Each member of the board shall be reimbursed for his or her actual
expenditures in the performance of his or her duties on behalf of the
district. The secretary and the treasurer, if members of the board of
directors, may each receive such additional compensation for the
performance of their respective duties as secretary and treasurer as the
board shall deem reasonable and necessary, not to exceed one thousand
dollars per year. The circuit court having jurisdiction over the district
shall have power to remove directors or any of them for good cause shown
upon a petition, notice and hearing. (L. 1947 V. I p. 432 § 20, A.L. 1965
p. 509, A.L. 1971 H.B. 316, A.L. 1979 S.B. 224, A.L. 1990 H.B. 1395 &
1448, A.L. 2005 H.B. 58 merged with H.B.127 merged with S.B. 210)

1. The board shall meet regularly, not less than once each
month, at a time and at some building in the district to be designated by
the board. Notice of the time and place of future regular meetings shall
be posted continuously at the firehouse or firehouses of the district.
Additional meetings may be held, when the needs of the district so
require, at a place regular meetings are held, and notice of the time and
place shall be given to each member of the board. Meetings of the board
shall be held and conducted in the manner required by the provisions of
chapter 610, RSMo. All minutes of meetings of the board and all other
records of the fire protection district shall be available for public
inspection at the main firehouse within the district by appointment with
the secretary of the board within one week after a written request is
made between the hours of 8:00 a.m. and 5:00 p.m. every day except
Sunday. A majority of the members of the board shall constitute a quorum
at any meeting and no business shall be transacted unless a quorum is
present. The board, acting as a board, shall exercise all powers of the
board, without delegation thereof to any other governmental or other body
or entity or association, and without delegation thereof to less than a
quorum of the board. Agents, employees, engineers, auditors, attorneys,
firemen and any other member of the staff of the district may be employed
or discharged only by a board which includes at least two directors; but
any board of directors may suspend from duty any such person or staff
member who willfully and deliberately neglects or refuses to perform his
or her regular functions.

2. Any vacancy on the board shall be filled by the remaining elected
members of the board, except when less than two elected members remain on
the board any vacancy shall be filled by the circuit court of the county
in which all or a majority of the district lies. The appointee or
appointees shall act until the next biennial election at which a director
or directors are elected to serve the remainder of the unexpired term.
(L. 1947 V. I p. 432 § 21, A.L. 1981 S.B. 166, A.L. 1982 S.B. 649, A.L.
1990 H.B. 1395 & 1448)

On the first Tuesday in April after the expiration of at least
two full calendar years from the date of the election of the first board
of directors, and on the first Tuesday in April every two years
thereafter, an election for members of the board of directors shall be
held in the district. Nominations shall be filed at the headquarters of
the fire protection district in which a majority of the district is
located by paying a ten-dollar filing fee and filing a statement under
oath that he possesses the required qualifications. The candidate
receiving the most votes shall be elected. Any new member of the board
shall qualify in the same manner as the members of the first board
qualify. (L. 1947 V. I p. 432 § 22, A.L. 1969 H.B. 322, A.L. 1975 H.B.
332, A.L. 1978 H.B. 971, A.L. 1981 S.B. 166, A.L. 1995 H.B. 452, et al.)

For the purpose of providing fire protection to the property
within the district, the district and, on its behalf, the board shall
have the following powers, authority and privileges:

(1) To have perpetual existence;

(2) To have and use a corporate seal;

(3) To sue and be sued, and be a party to suits, actions and proceedings;

(4) To enter into contracts, franchises and agreements with any person,
partnership, association or corporation, public or private, affecting the
affairs of the district, including contracts with any municipality,
district or state, or the United States of America, and any of their
agencies, political subdivisions or instrumentalities, for the planning,
development, construction, acquisition or operation of any public
improvement or facility, or for a common service relating to the control
or prevention of fires, including the installation, operation and
maintenance of water supply distribution, fire hydrant and fire alarm
systems; provided, that a notice shall be published for bids on all
construction or purchase contracts for work or material or both, outside
the authority contained in subdivision (9) of this section, involving an
expense of ten thousand dollars or more;

(5) Upon approval of the voters as herein provided, to borrow money and
incur indebtedness and evidence the same by certificates, notes or
debentures, and to issue bonds, in accordance with the provisions of this
chapter;

(6) To acquire, construct, purchase, maintain, dispose of and encumber
real and personal property, fire stations, fire protection and
fire-fighting apparatus and auxiliary equipment therefor, and any
interest therein, including leases and easements;

(7) To refund any bonded indebtedness of the district without an
election. The terms and conditions of refunding bonds shall be
substantially the same as those of the original issue of bonds, and the
board shall provide for the payment of interest, at not to exceed the
legal rate, and the principal of such refunding bonds in the same manner
as is provided for the payment of interest and principal of bonds
refunded;

(8) To have the management, control and supervision of all the business
and affairs of the district, and the construction, installation,
operation and maintenance of district improvements therein;

(9) To hire and retain agents, employees, engineers and attorneys,
including part-time or volunteer firemen;

(10) To have and exercise the power of eminent domain and in the manner
provided by law for the condemnation of private property for public use
to take any property within the district necessary to the exercise of the
powers herein granted;

(11) To receive and accept by bequest, gift or donation any kind of
property. Notwithstanding any other provision of law to the contrary, any
property received by the fire protection district as a gift or any
property purchased by the fire protection district at a price below the
actual market value of the property may be returned to the donor or
resold to the seller if such property is not used for the specific
purpose for which it was acquired;

(12) To adopt and amend bylaws, fire protection and fire prevention
ordinances, and any other rules and regulations not in conflict with the
constitution and laws of this state, necessary for the carrying on of the
business, objects and affairs of the board and of the district, and refer
to the proper authorities for prosecution any infraction thereof
detrimental to the district. Any person violating any such ordinance is
hereby declared to be guilty of a misdemeanor, and upon conviction
thereof shall be punished as is provided by law therefor. The prosecuting
attorney for the county in which the violation occurs shall prosecute
such violations in the circuit court of that county. The legal officer or
attorney for the fire district may be appointed by the prosecuting
attorney as special assistant prosecuting attorney for the prosecution of
any such violation. The enactments of the fire district in delegating
administrative authority to officials of the district may provide
standards of action for the administrative officials, which standards are
declared as industrial codes adopted by nationally organized and
recognized trade bodies. The board shall have the power to adopt an
ordinance, rule, or regulation allowing the district to charge
individuals who reside outside of the district, but who receive emergency
services within the boundaries of the district, for the actual and
reasonable cost of such services. However, such actual and reasonable
costs shall not exceed one hundred dollars for responding to each fire
call or alarm and two hundred fifty dollars for each hour or a
proportional sum for each quarter hour spent in combating a fire or
emergency;

(13) To pay all court costs and expenses connected with the first
election or any subsequent election in the district;

(14) To have and exercise all rights and powers necessary or incidental
to or implied from the specific powers granted herein. Such specific
powers shall not be considered as a limitation upon any power necessary
or appropriate to carry out the purposes and intent of this chapter;

(15) To provide for health, accident, disability and pension benefits for
the salaried members of its organized fire department of the district and
such other benefits for their spouses and eligible unemancipated
children, through either or both a contributory or noncontributory plan.
For purposes of this section, "eligible unemancipated child" means a
natural or adopted child of an insured, or a stepchild of an insured who
is domiciled with the insured, who is less than twenty-three years of
age, who is not married, not employed on a full-time basis, not
maintaining a separate residence except for full-time students in an
accredited school or institution of higher learning, and who is dependent
on parents or guardians for at least fifty percent of his or her support.
The type and amount of such benefits shall be determined by the board of
directors of the fire protection district within the level of available
revenues of the pension program and other available revenues of the
district. If an employee contributory plan is adopted, then at least one
voting member of the board of trustees shall be a member of the fire
district elected by the contributing members, which shall not be the same
as the board of directors;

(16) To contract with any municipality that is contiguous to a fire
protection district for the fire protection district to provide fire
protection to the municipality for a fee as hereinafter provided;

(17) To provide for life insurance, accident, sickness, health,
disability, annuity, length of service, pension, retirement and other
employee-type fringe benefits, subject to the provisions of section
70.615, RSMo, for the volunteer members of any organized fire department
of the district and such other benefits for their spouses and eligible
unemancipated children, through either a contributory or noncontributory
plan, or both. For purposes of this section, "eligible unemancipated
child" means a natural or adopted child of an insured, or a stepchild of
an insured who is domiciled with the insured, who is less than
twenty-three years of age, who is not married, not employed on a
full-time basis, not maintaining a separate residence except for
full-time students in an accredited school or institution of higher
learning, and who is dependent on parents or guardians for at least fifty
percent of his or her support. The type and amount of such benefits shall
be determined by the board of directors of the fire protection district
within available revenues of the district, including the pension program
of the district. The provision and receipt of such benefits shall not
make the recipient an employee of the district. Directors who are also
volunteer members may receive such benefits while serving as a director
of the district;

(18) To contract for services with any rural, volunteer or subscription
fire department or organization, or volunteer fire protection
association, as defined in section 320.300, RSMo, for the purpose of
providing the benefits described in subdivision (17) of this section. (L.
1947 V. I p. 432 § 23, A.L. 1961 p. 550, A.L. 1965 p. 509, A.L. 1969 H.B.
322, A.L. 1977 S.B. 62, A.L. 1978 H.B. 971, S.B. 628, A.L. 1981 S.B. 166,
A.L. 1982 H.B. 1096, A.L. 1989 H.B. 487, A.L. 1990 H.B. 1395 & 1448
merged with H.B. 1675, A.L. 1992 S.B. 649, A.L. 1993 H.B. 373, A.L. 1995
H.B. 452, et al., A.L. 1999 S.B. 436, A.L. 2005 H.B. 58)

(1955) Fire district organized under chapter 321 RSMo has authority to
regulate by ordinance and inspect the erection, alteration, repair and
removal of buildings within the district for the purpose of preventing
fire and such powers supersede those of a city of the third class within
the district with respect to the same subject. Wellston Fire Protection
Dist. V. State Bank & Trust Co. (A.), 282 S.W.2d 171.

The amount to be paid annually by the municipality to the fire
district pursuant to subdivision (16) of section 321.220 shall be the
annual assessed value of all property subject to tax in the municipality
determined from the tax assessment ledgers, and including public
utilities and intangible property within such area, multiplied by the
annual tax rate as certified by the fire protection district to the
municipality (but not including any portion of the tax rate for ambulance
service provided by the district) per one hundred dollars of assessed
value in such area. The tax rate so computed shall include any tax on
bonded indebtedness incurred by the district prior to entering into such
contract, but shall not include any of the tax rate for bonded
indebtedness incurred during the term that the contract is in force. (L.
1982 H.B. 1096)

1. As used in this section, the term "residential construction"
shall mean new construction and erection of detached single- family or
two-family dwellings, the alteration, enlargement, replacement, or repair
of detached single-family or two-family dwellings.

2. As used in this section, the term "residential construction regulatory
system" means any bylaw, ordinance, order, rule, or regulation pertaining
to residential construction, the implementation or enforcement of any
permitting system or program relative to residential construction,
including the use or occupancy by the initial occupant thereof, or the
implementation or enforcement of any system or program for the inspection
of residential construction.

3. Notwithstanding the provisions of any other law to the contrary, in
the event a city, town, village, or county adopts or has adopted,
implements or has implemented, or enforces a residential construction
regulatory system or any portion thereof applicable to residential
construction within its jurisdiction, neither fire protection districts
nor their boards shall have the power, authority, or privilege to adopt,
enforce, or implement a residential construction regulatory system or any
portion thereof applicable to or pertaining to residential construction
within the jurisdiction of such city, town, village, or county.

4. Any residential construction regulatory system or any portion thereof
adopted or previously adopted, implemented or previously implemented, or
enforced by a fire protection district or its board as to residential
construction within the jurisdiction of a city, town, village, or county
shall be null and void as of the date on which such city, town, village,
or county adopts, implements, or enforces its own residential
construction regulatory system as to residential construction within its
jurisdiction whether or not the residential construction regulatory
system or any portion thereof adopted, implemented, or enforced by such
city, town, village, or county specifically addresses matters addressed
in substance or manner by the residential construction regulatory system
or any portion thereof adopted, implemented, or enforced by the
applicable fire protection district or its board.

5. In no event shall a fire protection district or its board enact,
adopt, or implement any bylaws, ordinances, orders, rules, or regulations
that pertain, in any manner, to either the subdivision of land for the
purpose of residential construction or to the construction, installation,
and erection of any improvements, infrastructure, and utility facilities
related to or for the purpose of serving residential construction.

6. Any residential construction regulatory system or any portion thereof
adopted or previously adopted, implemented or previously implemented, or
enforced by the applicable fire protection district or board that is in
conflict with this section shall be void.

7. This section shall only apply to any fire protection district located
wholly within any county of the first classification with more than one
hundred ninety-eight thousand but fewer than one hundred ninety-nine
thousand two hundred inhabitants.

8. Notwithstanding any provision in this section to the contrary, a fire
protection district may enter into a contract with a county, city, town,
or village to assist in the implementation of the residential
construction regulatory system of such county, city, town, or village as
it relates to fire protection issues as long as the county, city, town,
or village retains jurisdiction over the implementation and enforcement
of such system. (L. 2005 S.B. 210)

1. Notwithstanding any other provision of law to the contrary,
any fire protection district within a county of the first classification
with a charter form of government with a population of at least nine
hundred thousand may contract with any municipality or village that does
not operate its* own fire department to provide fire protection services
for a fee to any area of the municipality or village that does not belong
to the fire protection district. In such event, the municipality and the
fire protection district shall, by ordinance duly enacted by the
governing board of each, agree upon the terms by** which such fire
protection shall be furnished. The agreement may provide for the payment
of a stated sum per year upon any method of compensation for such fire
protection that is agreed upon by the fire district and the municipality
entering into such contract; provided that any contract for a period
longer than five years shall have no binding force until ratified by a
majority of the voters in the fire district and the municipality entering
into such a contract.

2. If the fire protection district is authorized to provide ambulance
service within its district, the fire protection district may also
provide ambulance service to the municipality, upon such terms as the
fire district and the municipality may agree, which are not inconsistent
with any requirement of subsection 1 of this section. (L. 2000 H.B. 1967)

Effective 6-27-00

*Word "their" appears in original rolls.

**Word "by" does not appear in original rolls.

1. A fire protection district may, in addition to its other
powers and duties, provide emergency ambulance service within its
district if a majority of the voters voting thereon approve a proposition
to furnish such service and to levy a tax not to exceed thirty cents on
the one hundred dollars assessed valuation to be used exclusively to
supply funds for the operation of an emergency ambulance service. The
district shall exercise the same powers and duties in operating an
emergency ambulance service as it does in operating its fire protection
service.

2. The proposition to furnish emergency ambulance service may be
submitted by the board of directors at any municipal general, primary or
general election or at any election of the members of the board.

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

Shall the board of directors of ..... Fire Protection District be
authorized to provide emergency ambulance service within the district and
be authorized to levy a tax not to exceed thirty cents on the one hundred
dollars assessed valuation to provide funds for such service?

4. If a majority of the voters casting votes thereon be in favor of
emergency ambulance service and the levy, the district shall forthwith
commence such service.

5. As used in this section "emergency" means a situation resulting from a
sudden or unforeseen situation or occurrence that requires immediate
action to save life or prevent suffering or disability.

6. In addition to all other taxes authorized on or before September 1,
1990, the board of directors of any fire protection district may, if a
majority of the voters of the district voting thereon approve, levy an
additional tax of not more than forty cents per one hundred dollars of
assessed valuation to be used for the support of the ambulance service or
partial or complete support of an emergency medical technician
defibrillator program or partial or complete support of an emergency
medical technician paramedic first responder program. The proposition to
levy the tax authorized by this subsection may be submitted by the board
of directors at the next annual election of the members of the board or
at any regular municipal or school election conducted by the county clerk
or board of election commissioners in such district or at a special
election called for the purpose, or upon petition of five hundred
registered voters of the district. A separate ballot containing the
question shall read as follows:

Shall the board of directors of the .......... Fire Protection District
be authorized to levy an additional tax of not more than forty cents per
one hundred dollars assessed valuation to provide funds for the support
of an ambulance service or partial or complete support of an emergency
medical technician defibrillator program or partial or complete support
of an emergency medical technician paramedic first responder program?

FOR THE PROPOSITION

AGAINST THE PROPOSITION

(Place an X in the square opposite the one for which you wish to vote.)

If a majority of the qualified voters casting votes thereon be in favor
of the question, the board of directors shall accordingly levy a tax in
accordance with the provisions of this subsection, but if a majority of
voters casting votes thereon do not vote in favor of the levy authorized
by this subsection, any levy previously authorized shall remain in
effect. (L. 1969 H.B. 322, A.L. 1977 H.B. 216, A.L. 1978 H.B. 971, A.L.
1984 H.B. 924, A.L. 1988 S.B. 725, A.L. 1990 H.B. 1395 & 1448, A.L. 1992
S.B. 630)

1. Any fire protection district which is authorized to provide
emergency ambulance service within its district may provide such
emergency ambulance service outside its district. When providing
emergency ambulance service for a person who does or does not reside
within the district, a fire protection district may assess and collect
from such person a usual and customary fee for such service.

2. As used in this section "emergency" means a situation resulting from a
sudden or unforeseen situation or occurrence that requires immediate
action to save life or prevent suffering or disability. (L. 1979 S.B. 237
§ 1, A.L. 1985 H.B. 167, et al.)

For the purpose of providing revenue for such districts, the
board shall have the power and authority to order the levy and collection
of ad valorem taxes on and against all taxable tangible property within
the district, and to make timely demand and to sue for and collect any
and all other taxes, contributions or allocations to which the district
may be entitled. (L. 1947 V. I p. 432 § 24)

To levy and collect taxes as herein provided, the board shall in
each year determine the amount of money necessary to be raised by
taxation, and shall fix a rate of levy which, when levied upon every
dollar of the taxable tangible property within the district as shown by
the last completed assessment, and with other revenues, will raise the
amount required by the district annually to supply funds for paying the
expenses of organization and operation and the costs of acquiring,
supplying and maintaining the property, works and equipment of the
district, and maintain the necessary personnel, which rate of levy shall
not exceed thirty cents on the one hundred dollars valuation; may fix an
additional rate, not to exceed ten cents on the hundred dollars
valuation, the revenues from which shall be deposited in a special fund
and used only for the pension program of the district, by submitting the
following question to the voters:

Shall the board of directors of .......... Fire Protection District be
authorized to increase the annual tax rate from .... cents to .... cents
per one hundred dollars valuation, the revenues from which shall be
deposited in a special fund and used only for the pension program of the
district? provided, that if the question fails to receive a majority of
the votes cast, it shall not be resubmitted to the voters within one year
after the election; except, that any district may impose a tax not to
exceed ten cents on the one hundred dollars valuation, in addition to the
rate which the board may levy under this section, by submitting the
following question to the voters at any election in such district at
which a member of the board of directors is to be elected:

Shall the board of directors of ........... Fire Protection District be
authorized to increase the annual tax rate from ..... cents to .....
cents on the hundred dollars assessed valuation? and in addition thereto,
to fix a rate of levy which will enable it to promptly pay in full when
due all interest on and principal of bonds and other obligations of the
district, and to pay any indebtedness authorized by a vote of the people
as provided in this chapter; and in the event of accruing defaults or
deficiencies in the bonded or contractual indebtedness, an additional
levy may be made as provided in section 321.260. (L. 1947 V. I p. 432 §
25, A.L. 1953 p. 665, A.L. 1965 pp. 513, 514, A.L. 1969 H.B. 322, A.L.
1977 H.B. 216, A.L. 1978 H.B. 971, A.L. 1979 H.B. 322)

1. The board of directors of any fire protection district may
levy, if a majority of the voters of the district voting thereon approve,
in addition to all other taxes heretofore approved, an additional tax of
not more than twenty-five cents per one hundred dollars of assessed
valuation to be used for the support of the district. The proposition to
levy the tax authorized by this subsection may be submitted by the board
of directors at the next annual election of the members of the board or
at any regular municipal or school election conducted by the county clerk
or board of election commissioners in such district or at a special
election called for the purpose, or upon petition of five hundred
registered voters of the district. A separate ballot containing the
question shall read as follows:

Shall the board of directors of the ........................ Fire
Protection District be authorized to levy an additional tax of not more
than twenty-five cents on the one hundred dollars assessed valuation to
provide funds for the support of the district?

[ ] FOR THE PROPOSITION [ ] AGAINST THE PROPOSITION

(Place an X in the square opposite the one for which you wish to vote.)

If a majority of the qualified voters casting votes thereon be in favor
of the question, the board of directors shall accordingly levy a tax in
accordance with the provisions of this subsection, but if a majority of
the voters casting votes thereon do not vote in favor of the levy
authorized by this subsection, any levy previously authorized shall
remain in effect.

2. After August 13, 1982, the board of directors of any fire protection
district may levy, if a majority of the voters of the district voting
thereon approve, in addition to all other taxes heretofore approved, an
additional tax of not more than ten cents per one hundred dollars of
assessed valuation to be used for the support of the district. The
proposition to levy the tax authorized by this subsection may be
submitted by the board of directors at the next annual election of the
members of the board or at any regular municipal or school election
conducted by the county clerk or board of election commissioners in such
district or at a special election called for the purpose, or upon
petition of five hundred registered voters of the district. A separate
ballot containing the question shall read as follows:

Shall the board of directors of the ........................ Fire
Protection District be authorized to levy an additional tax of not more
than ten cents on the one hundred dollars assessed valuation to provide
funds for the support of the district?

[ ] FOR THE PROPOSITION [ ] AGAINST THE PROPOSITION

(Place an X in the square opposite the one for which you wish to vote.)

If a majority of the qualified voters casting votes thereon be in favor
of the question, the board of directors shall accordingly levy a tax in
accordance with the provisions of this subsection, but if a majority of
the voters casting votes thereon do not vote in favor of the levy
authorized by this subsection, any levy previously authorized shall
remain in effect.

3. In addition to all other taxes authorized on or before September 28,
1985, the board of directors of any fire protection district may, if a
majority of the voters of the district voting thereon approve, levy an
additional tax of not more than twenty-five cents per one hundred dollars
of assessed valuation to be used for the support of the district. The
proposition to levy the tax authorized by this subsection may be
submitted by the board of directors at the next annual election of the
members of the board or at any regular municipal or school election
conducted by the county clerk or board of election commissioners in such
district or at a special election called for the purpose, or upon
petition of five hundred registered voters of the district. A separate
ballot containing the question shall read as follows:

Shall the board of directors of the ................ Fire Protection
District be authorized to levy an additional tax of not more than
twenty-five cents on the one hundred dollars assessed valuation to
provide funds for the support of the district?

[ ] FOR THE PROPOSITION [ ] AGAINST THE PROPOSITION

(Place an X in the square opposite the one for which you wish to vote.)

If a majority of the qualified voters casting votes thereon be in favor
of the question, the board of directors shall accordingly levy a tax in
accordance with the provisions of this subsection, but if a majority of
the voters casting votes thereon do not vote in favor of the levy
authorized by this subsection, any levy previously authorized shall
remain in effect.

4. The board of directors of any fire protection district may levy, if a
majority of the voters of the district voting thereon approve, in
addition to all other taxes heretofore approved, an additional tax of not
more than fifty cents per one hundred dollars of assessed valuation to be
used for the support of the district. The proposition to levy the tax
authorized by this subsection may be submitted by the board of directors
at the next annual election of the members of the board or at any regular
municipal or school election conducted by the county clerk or board of
election commissioners in such district or at a special election called
for that purpose, or upon petition of five hundred registered voters of
the district. A separate ballot containing the question shall read as
follows:

Shall the board of directors of the ........................ Fire
Protection District be authorized to levy an additional tax of not more
than fifty cents on the one hundred dollars assessed valuation to provide
funds for the support of the district?

[ ] FOR THE PROPOSITION [ ] AGAINST THE PROPOSITION

(Place an X in the square opposite the one for which you wish to vote.)

If a majority of the qualified voters casting votes thereon be in favor
of the question, the board of directors shall accordingly levy a tax in
accordance with the provisions of this subsection, but if a majority of
the voters casting votes thereon do not vote in favor of the levy
authorized by this subsection, any levy previously authorized shall
remain in effect. (L. 1977 H.B. 216, A.L. 1982 S.B. 649, A.L. 1985 H.B.
167, et al., A.L. 1995 H.B. 452, et al.)

1. The governing body of any fire protection district which
operates within and has boundaries identical to a city with a population
of at least thirty thousand but not more than thirty-five thousand
inhabitants which is located in a county of the first classification,
excluding a county of the first classification having a population in
excess of nine hundred thousand, or the governing body of any
municipality having a municipal fire department may impose a sales tax in
an amount of up to one-fourth of one percent on all retail sales made in
such fire protection district or municipality which are subject to
taxation pursuant to the provisions of sections 144.010 to 144.525, RSMo.
The tax authorized by this section shall be in addition to any and all
other sales taxes allowed by law, except that no sales tax imposed
pursuant to the provisions of this section shall be effective unless the
governing body of the fire protection district or municipality submits to
the voters of such fire protection district or municipality, at a county
or state general, primary or special election, a proposal to authorize
the governing body of the fire protection district or municipality to
impose a tax.

2. The ballot of submission shall contain, but need not be limited to,
the following language:

Shall .................. (insert name of district or municipality) impose
a sales tax of ............. (insert rate of tax) for the purpose of
providing revenues for the operation of the ............... (insert fire
protection district or municipal fire department)?

Yes No

If a majority of the votes cast on the proposal by the qualified voters
voting thereon are in favor of the proposal, then the sales tax
authorized in this section shall be in effect. If a majority of the votes
cast by the qualified voters voting are opposed to the proposal, then the
governing body of the fire protection district or municipality shall not
impose the sales tax authorized in this section unless and until the
governing body of such fire protection district or municipality resubmits
a proposal to authorize the governing body of the fire protection
district or municipality to impose the sales tax authorized by this
section and such proposal is approved by a majority of the qualified
voters voting thereon.

3. All revenue received by a fire protection district or municipality
from the tax authorized pursuant to the provisions of this section shall
be deposited in a special trust fund and shall be used solely for the
operation of the fire protection district or the municipal fire
department.

4. All sales taxes collected by the director of revenue pursuant to this
section on behalf of any fire protection district or municipality, less
one percent for cost of collection which shall be deposited in the
state's general revenue fund after payment of premiums for surety bonds
as provided in section 32.087, RSMo, shall be deposited in a special
trust fund, which is hereby created, to be known as the "Fire Protection
Sales Tax Trust Fund". Any moneys in the fire protection district sales
tax trust fund created prior to August 28, 1999, shall be transferred to
the fire protection sales tax trust fund. The moneys in the fire
protection sales tax trust fund shall not be deemed to be state funds and
shall not be commingled with any funds of the state. The director of
revenue shall keep accurate records of the amount of money in the trust
fund and of the amounts which were collected in each fire protection
district or municipality imposing a sales tax pursuant to this section,
and the records shall be open to the inspection of officers of the fire
protection district or municipality and the public. Not later than the
tenth day of each month, the director of revenue shall distribute all
moneys deposited in the trust fund during the preceding month to the fire
protection district or municipality which levied the tax. Such funds
shall be deposited with the treasurer of each such fire protection
district or municipality, and all expenditures of funds arising from the
fire protection sales tax trust fund shall be for the operation of the
fire protection district or the municipal fire department and for no
other purpose.

5. The director of revenue may authorize the state treasurer to make
refunds from the amounts in the trust fund and credited to any fire
protection district or municipality for erroneous payments and
overpayments made and may redeem dishonored checks and drafts deposited
to the credit of such fire protection districts or municipalities. If any
fire protection district or municipality abolishes the tax, the fire
protection district or municipality shall notify the director of revenue
of the action at least ninety days prior to the effective date of the
repeal and the director of revenue may order retention in the trust fund,
for a period of one year, of two percent of the amount collected after
receipt of such notice to cover possible refunds or overpayment of the
tax and to redeem dishonored checks and drafts deposited to the credit of
such accounts. After one year has elapsed after the effective date of
abolition of the tax in such fire protection district or municipality,
the director of revenue shall remit the balance in the account to the
fire protection district or municipality and close the account of that
fire protection district or municipality. The director of revenue shall
notify each fire protection district or municipality of each instance of
any amount refunded or any check redeemed from receipts due the fire
protection district or municipality. In the event a tax within a fire
protection district is approved pursuant to this section, and such fire
protection district is dissolved, if the boundaries of the fire
protection district are identical to that of the city, the tax shall
continue and proceeds shall be distributed to the governing body of the
city formerly containing the fire protection district and the proceeds of
the tax shall be used for fire protection services within such city.

6. 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. (L. 1995 H.B. 452, et al. § 1, A.L. 1999 S.B. 436)

1. Notwithstanding any other provision of law to the contrary,
an additional tax of not to exceed three cents per one hundred dollars of
assessed valuation may be levied and collected by any city, town,
village, county, or fire protection district, or a central fire and
emergency services board established in subsection 4 of this section. All
the funds derived from such tax shall be used solely for the purpose of
establishing and providing a joint, central fire and emergency
dispatching service.

2. The additional tax prescribed by this section shall be levied only
when the governing body of the city, town, village, county, fire
protection district, or central fire and emergency services board
determines that a central fire and emergency dispatching center will meet
the minimum requirements set by section 321.245, and, except where a
central fire and emergency services board is established in accordance
with subsection 4 of this section, when the governing body has entered
into a contract with the center for fire and emergency dispatching
services. The funds from the tax shall be kept separate and apart from
all other funds of the city, town, village, county, fire protection
district, or central fire and emergency services board and shall be paid
out only on order of the governing body. Except as provided in subsection
4 of this section, all funds received by such center, and all operations
of such center shall be governed and controlled by a board of directors
consisting of one member from each such agency using the joint, central
fire and emergency dispatching service. Except as otherwise provided in
subsection 4 of this section, in any county, city, town, or village,
where a tax-supported fire protection district is provided emergency
dispatching services by any form of joint communication organization or
emergency dispatching center, receiving directly or indirectly any funds
so levied and collected as provided in this section including any funds
or tariffs paid by telephone subscribers for 911 emergency service, such
joint communication organization, however organized, shall be governed by
a board of directors, and the board of directors shall consist in part of
one member appointed by each county, city, town, village or tax-supported
fire protection district, so served. The members shall be an elected
official of a fire protection district, ambulance district or city
council appointed by each such agency to serve for a one-year term or
until a successor is duly appointed.

3. In addition to the tax prescribed by subsections 1 and 2 of this
section, an additional tax of not to exceed two cents per one hundred
dollars of assessed valuation which has been approved by the voters may
be levied and collected by any city, town, village, county, or fire
protection district, or a central fire and emergency services board
established in subsection 4 of this section of a county of the first
classification with a charter form of government which has a population
between two hundred thousand and five hundred thousand inhabitants, but
all of the funds derived from such tax shall be used solely for the
purpose of establishing and providing a joint, central fire and emergency
dispatching service.

4. A central fire and emergency services board shall be established in
any county of the first classification with a charter form of government
which has a population between two hundred thousand and five hundred
thousand inhabitants in the manner prescribed in this subsection. The
board shall have all powers and duties prescribed in this section and
section 321.245 to establish and provide a joint, central fire and
emergency dispatching service. The initial board shall be established at
the April, 1996, election. The election authority shall be ordered to
conduct such election, which shall be conducted as a nonpartisan
election. The board shall consist of one member elected from each county
council district. All board members shall serve for four-year terms,
except that of the initial members elected, the members elected from
odd-numbered county council districts shall serve for terms of two years
and the members elected from even-numbered county council districts shall
serve for terms of four years. Each member shall be a resident of the
county council district from which the member is elected. No person who
is a paid employee of any fire protection district, ambulance district,
joint, central fire and emergency dispatch board, or a paid employee of a
fire or ambulance department of a municipality shall be elected to the
joint, central fire and emergency dispatch board. At such election, the
election authority of the county shall submit to the qualified voters of
the county a proposal for the board to levy and collect the taxes
prescribed in this section, and such tax shall be conditioned on the
replacement of the tax levied in such county by the county under this
section with the new tax levied by the board. A portion of the funds
derived from the tax levied pursuant to this subsection shall be used to
reimburse the county for the cost of the election held in April, 1996,
and any subsequent elections that are necessary for the operation of the
board and the board's duties. In addition, if such a tax is approved, any
funds remaining in the separate fund kept by the county, as required by
subsection 2 of this section, and any property and equipment purchased
with moneys in such separate fund held by the county shall be transferred
to the fund maintained by the board for the same purpose. The board shall
abide by section 50.660, RSMo, in the letting of contracts. The board
shall be audited by the state auditor pursuant to section 29.230, RSMo.
Except as otherwise provided in this subsection, the board shall meet
once each month as established in the bylaws. Any other meeting may be
called by four of the seven members voting in favor of having an
additional meeting. (L. 1969 S.B. 382 § 1, A.L. 1977 H.B. 216, A.L. 1981
S.B. 166, A.L. 1988 S.B. 725, A.L. 1993 H.B. 550 merged with H.B. 910
merged with S.B. 346, A.L. 1994 H.B. 1668, A.L. 1995 H.B. 452, et al.)

*This section was amended by both H.B. 452, et al. and H.B. 484 et al.
during the 1st Regular Session of the 88th General Assembly, 1995. Due to
possible conflict, both versions are printed here.

1. Notwithstanding any other provision of law to the contrary,
an additional tax of not to exceed three cents per one hundred dollars of
assessed valuation may be levied and collected by any city, town,
village, county, or fire protection district, or a central fire and
emergency services board established in subsection 4 of this section of a
county of the first classification with a charter form of government
which has a population between two hundred thousand and five hundred
thousand inhabitants, except as otherwise provided in subsection 4 of
this section, but all the funds derived from such tax shall be used
solely for the purpose of establishing and providing a joint, central
fire and emergency dispatching service.

2. The additional tax prescribed by this section shall be levied only
when the governing body of the city, town, village, county, fire
protection district, or central fire and emergency services board
determines that a central fire and emergency dispatching center will meet
the minimum requirements set by section 321.245, and, except where a
central fire and emergency services board is established in accordance
with subsection 4 of this section, when the governing body has entered
into a contract with the center for fire and emergency dispatching
services. The funds from the tax shall be kept separate and apart from
all other funds of the city, town, village, county, fire protection
district, or central fire and emergency services board and shall be paid
out only on order of the governing body. Except as provided in subsection
4 of this section, whenever a county tax is established, the central fire
and emergency dispatching center, all funds received by such center, and
all operations of such center shall be governed and controlled by a board
of directors consisting of one member from each such agency using the
joint, central fire and emergency dispatching service. The members shall
be an elected official of a fire protection district, ambulance district
or city council appointed by each such agency to serve for a one-year
term or until a successor is duly appointed.

3. In addition to the tax prescribed by subsections 1 and 2 of this
section, an additional tax of not to exceed two cents per one hundred
dollars of assessed valuation which has been approved by the voters may
be levied and collected by any city, town, village, county, or fire
protection district, or a central fire and emergency services board
established in subsection 4 of this section of a county of the first
classification with a charter form of government which has a population
between two hundred thousand and five hundred thousand inhabitants, but
all of the funds derived from such tax shall be used solely for the
purpose of establishing and providing a joint, central fire and emergency
dispatching service.

4. A central fire and emergency services board shall be established in
any county of the first classification with a charter form of government
which has a population between two hundred thousand and five hundred
thousand inhabitants in the manner prescribed in this subsection. The
board shall have all powers and duties prescribed in this section and
section 321.245 to establish and provide a joint, central fire and
emergency dispatching service. The initial board shall be established at
the April, 1996, election. The county clerk of the county shall be
ordered to conduct such election, which shall be conducted as a
nonpartisan election. The board shall consist of one member elected from
each county council district. All board members shall serve for four-year
terms, except that of the initial members elected, the members elected
from odd-numbered county council districts shall serve for terms of two
years and the members elected from even-numbered county council districts
shall serve for terms of four years. Each member shall be a resident of
the county council district from which the member is elected. No person
who is a paid employee of any fire protection district, ambulance
district, joint, central fire and emergency dispatch board, or a paid
employee of a fire or ambulance department of a municipality shall be
elected to the joint, central fire and emergency dispatch board. At such
election, the election authority of the county shall submit to the
qualified voters of the county a proposal for the board to levy and
collect the taxes prescribed in this section, and such tax shall be
conditioned on the replacement of the tax levied in such county by the
county under this section with the new tax levied by the board. A portion
of the funds derived from the tax levied pursuant to this subsection
shall be used to reimburse the county for the cost of the election held
in April, 1996, and any subsequent elections that are necessary for the
operation of the board and the board's duties. In addition, if such a tax
is approved, any funds remaining in the separate fund kept by the county,
as required by subsection 2 of this section, and any property and
equipment purchased with moneys in such separate fund held by the county
shall be transferred to the fund maintained by the board for the same
purpose. The board shall abide by section 50.660, RSMo, in the letting of
contracts. The board shall be audited by the state auditor pursuant to
section 29.230, RSMo. Except as otherwise provided in this subsection,
the board shall not meet more than six times per year as established in
the bylaws. Any other meeting may be called by six of the seven members
voting in favor of having an additional meeting. (L. 1969 S.B. 382 § 1,
A.L. 1977 H.B. 216, A.L. 1981 S.B. 166, A.L. 1988 S.B. 725, A.L. 1993
H.B. 550 merged with H.B. 910 merged with S.B. 346, A.L. 1994 H.B. 1668,
A.L. 1995 H.B. 484, et al.)

*This section was amended by both H.B. 452, et al. and H.B. 484, et al.,
during the 1st Regular Session of the 88th General Assembly, 1995. Due to
possible conflict, both versions are printed here.

1. Any fire protection district which has revised or reduced any
levy which it has been authorized to impose under the provisions of
section 321.225, 321.240, 321.241, 321.243, 321.246, 321.610, or 321.620,
under any provision of the constitution or laws of this state, may
increase each such revised or reduced levy up to, but not in excess of,
the maximum limits allowed under the section authorizing the rate of levy
sought to be increased by submitting the following proposition to the
voters of the district at any primary, general or special election:

Shall the board of directors of the ................... Fire Protection
District be authorized to increase the rate of levy for
....................................................... (insert purpose
of which tax is levied) from ........ cents to ...... cents on each one
hundred dollars of assessed valuation?

[ ] YES [ ] NO

2. If any of the propositions submitted under subsection 1 of this
section is approved by a majority of the voters of the district voting
thereon, the board of directors may increase the levy which was the
subject of such proposition to the amount authorized by such proposition.
(L. 1986 H.B. 877, A.L. 1997 S.B. 21)

Effective 7-7-97

1. No central fire and emergency dispatching center shall
qualify to receive any funds collected pursuant to section 321.243 and
this section unless it meets or will meet, upon the acquisition or
retention of equipment, real and personal property, and personnel, at
least the following minimum equipment and personnel requirements:

(1) Two separate transmitters and receivers capable of operating on all
working fire and emergency radio frequencies included in the area to be
covered, together with monitor receivers for police frequencies,
point-to-point police or local police dispatchers operating on a
twenty-four-hour basis, plus an emergency power source capable of
operating all equipment and lights necessary for dispatching for an
indefinite period of time;

(2) Duo-multichannel recording equipment for all radio frequencies and
telephone trunk "hot lines", complete with automatic transfer on failure
of logging recorder and automatic time inserted on recorder and with
instant playback on any channel at dispatcher's position without
interruption of regular log recorder;

(3) A minimum of three trunk telephone lines designated as "hot lines" in
reserve for "fire or emergency" calls only, plus such other lines as may
be necessary to conduct the normal business of the center, which may also
be used for fire or emergency purposes;

(4) A chief dispatcher to be in charge of operations, who shall be
directly responsible to the management of the dispatching service;

(5) Sufficient senior dispatchers to provide twenty-four-hour attendance
at the center;

(6) Such assistant dispatchers as may be necessary to provide two-person
switchboard operation during certain hours as prescribed in section
321.243 and this section;

(7) Alarm circuits to engine houses from dispatching center shall be two
of the following type systems: wired circuit or by telephone line; radio
circuit or by tone signaling; or microwave radio circuit; or such other
communications systems as may be developed in the future which provide
reliable and accurate communications and which are not experimental in
nature, so that upon failure of either circuit the other will operate
independently, and both circuits must be capable of sounding alarm at any
agency facility using the joint, central fire and emergency dispatching
service;

(8) Radio alarm equipment at each agency facility using the joint,
central fire and emergency dispatching service capable of operating
without local utility power for a period of at least eight hours; and
paging equipment for fire and emergency personnel; and

(9) Radio equipment, both mobile and portable, on all fire and emergency
vehicles which answer alarms which will provide two-way voice
communication between the equipment and the dispatching center.

2. A minimum of two dispatchers shall be on duty at all times in any
central dispatching center between the hours of 7:00 a.m. and 11:00 p.m.
If only one dispatcher is on duty at other times, a twenty-minute
watchman's check shall be maintained.

3. All dispatchers shall be at least eighteen years of age. Each
dispatcher must be capable of operating all equipment used in the
dispatching center.

4. Each dispatching center shall employ sufficient personnel to ensure
that no person will be required to be on duty without at least twelve
hours between shifts.

5. A central fire and emergency dispatching center meeting the
requirements of this section shall qualify to receive any funds collected
pursuant to section 321.243 and this section and to use such funds for
the acquisition, use and maintenance of any property, both real and
personal, and for such other uses or purposes as may be determined by the
body governing the operations of the central fire and emergency
dispatching center, and which are* necessary or advisable for the
establishment, maintenance or operation of the central fire and emergency
dispatch center. (L. 1969 S.B. 382 § 2, A.L. 1976 S.B. 489, A.L. 1979
H.B. 322, A.L. 1981 S.B. 166, A.L. 1987 H.B. 57, A.L. 1993 H.B. 550
merged with H.B. 910 merged with S.B. 346)

*Word "is" appears in original rolls.

1. The governing body of any fire protection district which
operates within both a county of the first classification with a charter
form of government and with a population greater than six hundred
thousand but less than nine hundred thousand and a county of the fourth
classification with a population greater than thirty thousand but less
than thirty-five thousand and that adjoins a county of the first
classification with a charter form of government, or the governing body
of any fire protection district which contains a city of the fourth
classification having a population greater than two thousand four hundred
when the city is located in a county of the first classification without
a charter form of government having a population greater than one hundred
fifty thousand and the county contains a portion of a city with a
population greater than three hundred fifty thousand may impose a sales
tax in an amount of up to one-half of one percent on all retail sales
made in such fire protection district which are subject to taxation
pursuant to the provisions of sections 144.010 to 144.525, RSMo. The tax
authorized by this section shall be in addition to any and all other
sales taxes allowed by law, except that no sales tax imposed pursuant to
the provisions of this section shall be effective unless the governing
body of the fire protection district submits to the voters of the fire
protection district, at a county or state general, primary or special
election, a proposal to authorize the governing body of the fire
protection district to impose a tax.

2. The ballot of submission shall contain, but need not be limited to,
the following language:

Shall the fire protection district of .................. (district's
name) impose a district-wide sales tax of ............. for the purpose
of providing revenues for the operation of the fire protection district?

[ ] YES [ ] NO

If a majority of the votes cast on the proposal by the qualified voters
voting thereon are in favor of the proposal, then the sales tax
authorized in this section shall be in effect. If a majority of the votes
cast by the qualified voters voting are opposed to the proposal, then the
governing body of the fire protection district shall not impose the sales
tax authorized in this section unless and until the governing body of the
fire protection district resubmits a proposal to authorize the governing
body of the fire protection district to impose the sales tax authorized
by this section and such proposal is approved by a majority of the
qualified voters voting thereon.

3. All revenue received by a fire protection district from the tax
authorized pursuant to the provisions of this section shall be deposited
in a special trust fund and shall be used solely for the operation of the
fire protection district.

4. All sales taxes collected by the director of revenue pursuant to this
section on behalf of any fire protection district, less one percent for
cost of collection which shall be deposited in the state's general
revenue fund after payment of premiums for surety bonds as provided in
section 32.087, RSMo, shall be deposited in the fire protection district
sales tax trust fund established pursuant to section 321.242. The moneys
in the fire protection district sales tax trust fund shall not be deemed
to be state funds and shall not be commingled with any funds of the
state. The director of revenue shall keep accurate records of the amount
of money in the trust and which was collected in each fire protection
district imposing a sales tax pursuant to this section, and the records
shall be open to the inspection of officers of the fire protection
district and the public. Not later than the tenth day of each month, the
director of revenue shall distribute all moneys deposited in the trust
fund during the preceding month to the fire protection district which
levied the tax. Such funds shall be deposited with the treasurer of each
such fire protection district, and all expenditures of funds arising from
the fire protection district sales tax trust fund shall be for the
operation of the fire protection district and for no other purpose.

5. The director of revenue may authorize the state treasurer to make
refunds from the amounts in the trust fund and credited to any fire
protection district for erroneous payments and overpayments made and may
redeem dishonored checks and drafts deposited to the credit of such fire
protection districts. If any fire protection district abolishes the tax,
the fire protection district shall notify the director of revenue of the
action at least ninety days prior to the effective date of the repeal and
the director of revenue may order retention in the trust fund, for a
period of one year, of two percent of the amount collected after receipt
of such notice to cover possible refunds or overpayment of the tax and to
redeem dishonored checks and drafts deposited to the credit of such
accounts. After one year has elapsed after the effective date of
abolition of the tax in such fire protection district, the director of
revenue shall remit the balance in the account to the fire protection
district and close the account of that fire protection district. The
director of revenue shall notify each fire protection district of each
instance of any amount refunded or any check redeemed from receipts due
the fire protection district. In the event a tax within a fire protection
district is approved under this section, and such fire protection
district is dissolved, the tax shall lapse on the date that the fire
protection district is dissolved and the proceeds from the last
collection of such tax shall be distributed to the governing bodies of
the counties formerly containing the fire protection district and the
proceeds of the tax shall be used for fire protection services within
such counties.

6. 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. (L. 1997 S.B. 21)

Effective 7-7-97

On or before the first day of September of each year, the board
shall certify to the county commission of each county within which the
district is located a rate of levy so fixed by the board as provided by
law, with directions that at the time and in the manner required by law
for levy of taxes for county purposes such county commissions shall levy
a tax at the rate so fixed and determined upon the assessed valuation of
all the taxable tangible property within the district, in addition to
such other taxes as may be levied by such county commissions. (L. 1947 V.
I p. 432 § 26, A.L. 1978 S.B. 628, A.L. 1982 S.B. 649 & H.B. 1096)

The board in certifying annual levies as herein provided shall
take into account, in addition to the amounts necessary for general
purposes as herein provided, the maturing indebtedness for the ensuing
year as provided in its bonds and the interest on bonds, and deficiencies
and defaults of prior years and any contractual obligation and shall make
ample provision for the payment thereof. In case the moneys produced from
such levies, together with other revenues of the district are not
sufficient to pay punctually the annual installments on its bonds and the
interest thereon, and to pay any defaults and deficiencies on any such
bonds or contracts duly approved by the voters of the district, then the
board shall provide for such additional levying of taxes as may be
necessary to pay for all such, and notwithstanding any limitations, such
taxes shall be continued to be levied until the indebtedness of the
district shall be fully and currently paid. (L. 1947 V. I p. 432 § 27)

1. The body having authority to levy taxes within each county in
which all or part of a district lies shall levy the taxes provided in
this chapter, and all officials charged with the duty of collecting taxes
in each such county shall collect such taxes at the time and in the
manner and with like interest and penalties as other taxes are collected.
When collected such taxes shall be paid to the district ordering the levy
and collection, or entitled to the same, and the payment of such
collections shall be made monthly to the treasurer of the district and
paid into the depositary thereof to the credit of the district. All funds
received by the district shall be deposited in a depositary and secured
in the manner provided by law for the deposit of county funds.

2. All taxes levied under the provisions of this chapter, together with
interest thereon and penalties for default in payment thereof, and all
costs of collecting the same, shall, until paid, constitute a lien on and
against the property taxed, and such lien shall be on a parity with the
tax lien of general taxes, and no sale of such property to enforce any
general tax or other lien shall extinguish the lien of district taxes.
(L. 1947 V. I p. 432 § 28, A.L. 1955 p. 756, A.L. 1969 H.B. 322, A.L.
1978 S.B. 628)

If the taxes levied are not paid as herein provided, then the
delinquent real property shall be sold at the regular tax sale for the
payment of said taxes, interest and penalties, in the manner provided by
the statutes of the state of Missouri for selling property for the
nonpayment of general taxes. If there are no bids at said tax sale for
the property so offered, said property shall be struck off to the county
or other agency provided by law, and the county or agency shall account
to the district in the same manner as provided by law for accounting for
school, town and city taxes. Delinquent personal property shall be
distrained and sold as provided by general law. (L. 1947 V. I p. 432 § 29)

Whenever any bonded or contractual indebtedness has been
incurred by a district, it shall be lawful for the board to levy taxes
and collect revenue for the purpose of creating a reserve fund in such
amount as the board may determine, to be used to meet the obligations of
the district. (L. 1947 V. I p. 432 § 30)

1. The boundaries of any district organized pursuant to the
provisions of this chapter may be changed in the manner prescribed in
this section; but any change of boundaries of the district shall not
impair or affect its organization or its rights in or to property, or any
of its rights or privileges whatsoever; nor shall it affect or impair or
discharge any contract, obligation, lien or charge for or upon which it
might be liable or chargeable had any change of boundaries not been made.

2. The boundaries may be changed as follows:

(1) Twenty-five percent of the number of voters who voted in the most
recent gubernatorial election in the area to be annexed may file with the
board a petition in writing praying that such real property be included
within the district; provided that in the case of a municipality having
less than twenty percent of its total population in one fire protection
district, the entire remaining portion may be included in another
district so that none of the city is outside of a fire protection
district at the time. The petition shall describe the property to be
included in the district and shall describe the property owned by the
petitioners and shall be deemed to give assent of the petitioners to the
inclusion in the district of the property described in the petition; and
such petition shall be in substantially the form set forth in section
321.495 dealing with referendums and verified in like manner; provided,
however, that in the event that there are more than twenty-five property
owners or taxpaying electors signing the petition, it shall be deemed
sufficient description of their property in the petition as required in
this section to list the addresses of such property; or

(2) All of the owners of any territory or tract of land near or adjacent
to a fire protection district who own all of the real estate in such
territory or tract of land may file a petition with the board praying
that such real property be included in the district. The petition shall
describe the property owned by the petitioners and shall be deemed to
give assent of the petitioners to the inclusion in the district of the
property described in the petition;

(3) Notwithstanding any provision of law to the contrary, in any fire
protection district which is partly or wholly located in a noncharter
county of the first classification with a population of less than one
hundred thousand which adjoins any county of the first classification
with a charter form of government with a population of nine hundred
thousand or more inhabitants, if such fire protection district serves any
portion of a city which is located in both such counties, the boundaries
of the district may be expanded so as to include the entire city within
the fire protection district, but the boundaries of the district shall
not be expanded beyond the city limits of such city, as the boundaries of
such city existed on January 1, 1993. Such change in the boundaries of
the district shall be accomplished only if twenty-five percent of the
number of voters who voted in the most recent gubernatorial election in
the area to be annexed file with the board a petition in writing praying
that such real property be included within the district. The petition
shall describe the property to be included in the district and shall
describe the property owned by the petitioners and shall be deemed to
give assent of the petitioners to the inclusion in the district of the
property described in the petition; and such petition shall be in
substantially the form set forth in section 321.495 dealing with
referendums and verified in like manner.

3. The secretary of the board shall cause notice of the filing of any
petition filed pursuant to this section to be given and published in the
county in which the property is located, which notice shall recite the
filing of such petition, the number of petitioners, a general description
of the boundaries of the area proposed to be included and the prayer of
the petitioners; giving notice to all persons interested to appear at the
office of the board at the time named in the notice and show cause in
writing, if any they have, why the petition should not be granted. The
board shall at the time and place mentioned, or at such time or times to
which the hearing may be adjourned, proceed to hear the petition and all
objections thereto presented in writing by any person showing cause why
the petition should not be granted. The failure of any person interested
to show cause in writing why such petition shall not be granted shall be
deemed as an assent on his part to the inclusion of such lands in the
district as prayed for in the petition.

4. If the board deems it for the best interest of the district, it shall
grant the petition, but if the board determines that some portion of the
property mentioned in the petition cannot as a practical matter be served
by the district, or if it deems it for the best interest of the district
that some portion of the property in the petition not be included in the
district, then the board shall grant the petition in part only. If the
petition is granted, the board shall make an order to that effect and
file the same with the circuit clerk; and upon the order of the court
having jurisdiction over the district, the property shall be included in
the district. If the petition contains the signatures of all the owners
of the property pursuant to the provisions of subdivision (2) of
subsection 2 of this section, the property shall be included in the
district upon the order of the court. If the petition contains the
signatures of twenty-five percent of the number of voters who voted in
the most recent gubernatorial election in the area to be annexed pursuant
to subdivision (1) or subdivision (3) of subsection 2 of this section,
the property shall be included in the district subject to the election
provided in section 321.301. The circuit court having jurisdiction over
the district shall proceed to make any such order including such
additional property within the district as is provided in the order of
the board, unless the court shall find that such order of the board was
not authorized by law or that such order of the board was not supported
by competent and substantial evidence.

5. Any person aggrieved by any decision of the board made pursuant to the
provisions of this section may appeal that decision to the circuit court
of the county in which the property is located within thirty days of the
decision by the board.

6. No fire protection district, or employee thereof, in which territory
is annexed pursuant to this section shall be required to comply with any
prescribed firefighter training program or regimen which would not
otherwise apply to the district or its employees, but for the
requirements applicable to the annexed territory. (L. 1947 V. I p. 432 §
31, A.L. 1953 p. 664, A.L. 1969 H.B. 322, A.L. 1982 H.B. 1096, A.L. 1990
S.B. 862, A.L. 1993 S.B. 256, A.L. 1997 S.B. 21)

Effective 7-7-97

(2000) Section does not expressly or impliedly repeal common law doctrine
of prior jurisdiction. Tipton Rural Fire Protection District v.
Objectors, 34 S.W.3d 404 (Mo.App.W.D.).

1. If the petition to add any territory or tract of land to the
district contained fewer than all of the signatures required pursuant to
subdivision (2) of subsection 2 of section 321.300, the decree of
extension of boundaries shall not become final and conclusive until it
has been submitted to an election of the voters residing within the
boundaries described in such decree and until it has been assented to by
a majority vote of the voters in the newly included area voting on the
question. The decree shall also provide for the holding of the election
to vote on the proposition of extending the boundaries of the district,
and shall fix the date for holding the election.

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

Shall the boundaries of the . . . . . . . . . . . . Fire Protection
District be extended to include the following described property?
(Describe property.)

Yes No

3. If a majority of the voters voting on the proposition vote in favor of
the extension of the boundaries of the district, then the court shall
enter its further order declaring the decree of extension of the
boundaries to be final and conclusive. In the event, however, that the
court finds that a majority of the voters voting thereon voted against
the proposition to extend the boundaries of the district, then the court
shall enter its further order declaring the decree of extension of
boundaries to be void and of no effect. (L. 1982 H.B. 1096, A.L. 1989
H.B. 731, A.L. 1990 S.B. 862)

Within thirty days after the final order of the circuit court
extending the boundaries of the district, the circuit clerk of that court
shall transmit to the county clerk and to the recorder of deeds in each
county in which the district is located copies of the findings and
decrees of the court extending the boundaries of the district. The same
shall be filed in the same manner as articles of incorporation are
required to be filed under the general laws concerning corporations, and
each recorder and clerk shall receive a fee of one dollar for filing and
preserving the same. (L. 1982 H.B. 1096)

1. Any owner of any real or personal property contained within
the boundaries of the district may file with the board a petition praying
that such property be excluded and taken from the district. Such petition
shall describe the property which the petitioner desires to have
excluded, and must be acknowledged in the same manner and form as
required in case of a conveyance of land, and be accompanied by a deposit
of money sufficient to pay all costs of the exclusion proceedings. The
secretary of the board shall cause a notice of filing of such petition to
be published in the county in which the property is located. The notice
shall state the filing of such petition, the name of the petitioner,
description of the property mentioned sought to be excluded and the
prayer of the petitioner; and it shall notify all persons interested to
appear at the office of the board at the time named in the notice,
showing cause in writing, if any they have, why the petition should not
be granted. The board at the time and place mentioned in the notice, or
at the time or times at which the hearing of the petition may be
adjourned, shall proceed to hear the petition and all objections thereto
presented in writing by any person showing cause as aforesaid, why the
prayer of the petition should not be granted. The filing of such petition
shall be deemed and assent by the petitioner to the exclusion from the
district of the property mentioned in the petition, or any part thereof.

2. The board, if it deems it not for the best interests of the district
that the property mentioned in the petition, or any portion thereof,
shall be excluded from the district, shall order that the petition be
denied; but if it determines that the property mentioned in the petition,
or any portion thereof, cannot as a practical matter be served by the
district or if it deems it for the best interest of the district that the
property mentioned in the petition, or some portion thereof, be excluded
from the district, then the board may order the property mentioned in the
petition, or some portion thereof, excluded from the district. Upon
allowance of such petition, the board shall file a certified copy of the
order of the board making such change with the circuit clerk. Upon order
of the court, the property shall be excluded from the district, and a
copy of the order of the board and the order of the court shall be filed
with the county clerk in each county in which the district lies. The
circuit court having jurisdiction over the district shall make any such
order excluding property from the district as provided in the order of
the board, unless the court shall find that such order of the board was
not authorized by law, or that such order of the board was not supported
by competent and substantial evidence. Any person aggrieved by any
decision of the board made pursuant to the provisions of this section may
appeal that decision to the circuit court within thirty days of the
decision for a trial de novo. (L. 1947 V. I p. 432 § 32, A.L. 1975 H.B.
332, A.L. 1978 S.B. 628, A.L. 1990 S.B. 862)

If any property, located within the boundaries of a fire
protection district, is included within a city having a population of
forty thousand inhabitants or more, which city is not wholly within the
fire protection district, and which city maintains a city fire
department, the property is excluded from the fire protection district.
(L. 1949 p. 540 § 32a, A.L. 1957 p. 723, A.L. 1961 p. 553, A.L. 1969 H.B.
322)

1. If any property located within the boundaries of a fire
protection district shall be included within a city having a population
of at least two thousand five hundred but not more than sixty-five
thousand which is not wholly within the fire protection district and
which maintains a city fire department, then upon the date of actual
inclusion of the property within the city, as determined by the
annexation process, the city shall within sixty days assume by contract
with the fire protection district all responsibility for payment in a
lump sum or in installments an amount mutually agreed upon by the fire
protection district and the city for the city to cover all obligations of
the fire protection district to the area included within the city, and
thereupon the fire protection district shall convey to the city the
title, free and clear of all liens or encumbrances of any kind or nature,
any such tangible real and personal property of the fire protection
district as may be agreed upon, which is located within the part of the
fire protection district located within the corporate limits of the city
with full power in the city to use and dispose of such tangible real and
personal property as the city deems best in the public interest, and the
fire protection district shall no longer levy and collect any tax upon
the property included within the corporate limits of the city; except
that, if the city and the fire protection district cannot mutually agree
to such an arrangement, then the city shall assume responsibility for
fire protection in the annexed area on or before January first of the
third calendar year following the actual inclusion of the property within
the city, as determined by the annexation process, and furthermore the
fire protection district shall not levy and collect any tax upon that
property included within the corporate limits of the city after the date
of inclusion of that property:

(1) On or before January first of the second calendar year occurring
after the date on which the property was included within the city, the
city shall pay to the fire protection district a fee equal to the amount
of revenue which would have been generated during the previous calendar
year by the fire protection district tax on the property in the area
annexed which was formerly a part of the fire protection district;

(2) On or before January first of the third calendar year occurring after
the date on which the property was included within the city, the city
shall pay to the fire protection district a fee equal to four-fifths of
the amount of revenue which would have been generated during the previous
calendar year by the fire protection district tax on the property in the
area annexed which was formerly a part of the fire protection district;

(3) On or before January first of the fourth calendar year occurring
after the date on which the property was included within the city, the
city shall pay to the fire protection district a fee equal to
three-fifths of the amount of revenue which would have been generated
during the previous calendar year by the fire protection district tax on
the property in the area annexed which was formerly a part of the fire
protection district;

(4) On or before January first of the fifth calendar year occurring after
the date on which the property was included within the city, the city
shall pay to the fire protection district a fee equal to two-fifths of
the amount of revenue which would have been generated during the previous
calendar year by the fire protection district tax on the property in the
area annexed which was formerly a part of the fire protection district;
and

(5) On or before January first of the sixth calendar year occurring after
the date on which the property was included within the city, the city
shall pay to the fire protection district a fee equal to one-fifth of the
amount of revenue which would have been generated during the previous
calendar year by the fire protection district tax on the property in the
area annexed which was formerly a part of the fire protection district.
Nothing contained in this section shall prohibit the ability of a city to
negotiate contracts with a fire protection district for mutually
agreeable services. This section shall also apply to those fire
protection districts and cities which have not reached agreement on
overlapping boundaries previous to August 28, 1990. Such fire protection
districts and cities shall be treated as though inclusion of the annexed
area took place on December thirty-first immediately following August 28,
1990.

2. Any property excluded from a fire protection district by reason of
subsection 1 of this section shall be subject to the provisions of
section 321.330.

3. The provisions of this section shall not apply in any county of the
first class having a charter form of government and having a population
of over nine hundred thousand inhabitants.

4. The provisions of this section shall not apply where the annexing city
or town operates a city fire department and was on January 1, 2005, a
city of the fourth classification with more than eight thousand nine
hundred but fewer than nine thousand inhabitants and entirely surrounded
by a single fire district. In such cases, the provision of fire and
emergency medical services following annexation shall be governed by
subsections 2 and 3 of section 72.418, RSMo. (L. 1985 H.B. 167, et al. §
2, A.L. 1986 H.B. 861, A.L. 1988 S.B. 725, A.L. 1990 H.B. 1395 & 1448,
A.L. 1991 S.B. 34, A.L. 1999 S.B. 160 & 82, A.L. 2005 H.B. 58 merged with
S.B. 210)

All real property included within, or excluded from, a district
shall thereafter be subject to the levy of taxes for the payment of any
indebtedness of the district outstanding at the time of inclusion or
exclusion; provided, however, that after any real property shall have
been excluded from a district, as herein provided, any buildings and
improvements thereafter erected or constructed on said excluded real
property, and all machinery and equipment thereafter installed or placed
therein or thereon, and all tangible personal property not in said
district at the time of the exclusion of said real property from said
district which shall thereafter be situate on or used in connection with
said real property, shall not be subject to any taxes levied by said
district. (L. 1947 V. I p. 432 § 33)

To carry out the purposes of this chapter, the board is hereby
authorized to issue negotiable coupon bonds of the district as herein
provided. Bonds shall bear interest at a rate not exceeding six percent
per annum, payable semiannually, and shall be due and payable serially,
either annually or semiannually, commencing not later than three years
and extending not more than twenty years from their date. The form and
terms of said bonds, including provisions for their payment and
redemption, shall be determined by the board. If the board so determines,
such bonds may be redeemable prior to maturity upon payment of a premium,
not exceeding three percent of the principal thereof. Said bonds shall be
executed in the name of and on behalf of the district and signed by the
chairman of the board, with the seal of the district affixed thereto and
attested by the secretary of the board. Said bonds shall be in such
denominations as the board shall determine and the bonds and coupons
thereto attached shall be payable to bearer. Interest coupons shall bear
the original or facsimile signature of the chairman of the board. (L.
1947 V. I p. 432 § 34)

Whenever any board shall, by resolution, determine that the
interest of said district and the public interest or necessity demand the
acquisition, construction, installation or completion of any works or
other improvements or facilities, or the making of any contract with the
United States or other persons or corporations, to carry out the objects
or purposes of said district, requiring the creation of an indebtedness
in an amount exceeding in any year the income and revenue provided for
such year plus any unencumbered balances from previous years, said board
shall order the submission of the proposition of issuing such obligations
or bonds, or creating other indebtedness, to the voters of the election.
The declaration of public interest or necessity herein required and the
provision for holding of such election may be included within one and the
same resolution, which resolution, in addition to such declaration of
public interest or necessity, shall recite the objects and purposes for
which the indebtedness is proposed to be incurred, the estimated cost of
the works or improvements, as the case may be, the amount of principal of
the indebtedness to be incurred therefor, and the maximum rate of
interest to be paid on such indebtedness. Such resolution shall also fix
the date upon which such election shall be held. (L. 1947 V. I p. 432 §
35, A.L. 1969 H.B. 322, A.L. 1978 H.B. 971)

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

Shall .... (Insert name of district.) ......... Fire Protection District
.... (Here state the proposition to be submitted.) ................. ?

2. The proposition so submitted, if relating to bonds, shall set out the
amount of the issue and the purpose. (L. 1947 V. I p. 432 § 36, A.L. 1969
H.B. 322, A.L. 1978 H.B. 971, S.B. 628)

At any regular or special meeting of the board held within five
days following the date of such election, the board shall declare the
results. (L. 1947 V. I p. 432 § 37, A.L. 1969 H.B. 322, A.L. 1978 H.B.
971)

In the event that it shall appear from the returns that the
constitutionally required percentage of the voters of the district who
shall have voted on any such proposition submitted hereunder at such
election voted in favor of such proposition, the district shall thereupon
be authorized to incur such indebtedness or obligations, enter into such
contract or issue and sell such bonds of the district, as the case may
be, all for the purpose or purposes and object or objects provided for in
the proposition or propositions submitted hereunder and in the resolution
therefor, and in the amount so provided and at a rate of interest not
exceeding the rate of interest recited in such resolution. Submission of
the proposition of incurring such obligation or bonded or other
indebtedness at such an election shall not prevent or prohibit submission
of the same or other propositions at a subsequent election. (L. 1947 V. I
p. 432 § 38, A.L. 1978 H.B. 971, A.L. 1990 H.B. 1621)

Whenever a petition signed by not less than one hundred voters
in any district organized under the provisions of this chapter is filed
with the circuit court having jurisdiction over the district, setting
forth all the relevant facts pertaining to the district, and alleging
that the further operation of the district is inimicable to the best
interests of the inhabitants of the district, and that the district
should, in the interest of the public welfare and safety, be dissolved,
the circuit court shall have authority, after hearing evidence submitted
on the aforesaid question, to order a submission of the question, after
having caused publication of notice of a hearing on said petition, in
substantially the following form:

Shall ..... (Insert the name of the fire district.) ..... Fire Protection
District be dissolved? (L. 1947 V. I p. 432 § 39, A.L. 1969 H.B. 322,
A.L. 1978 H.B. 971, S.B. 628)

(1974) Proceeding to dissolve district must be conducted as provided by
statute. Board of directors has no inherent power to order dissolution.
State ex rel. Crites v. West (A.), 509 S.W.2d 482.

If the court shall find that it is to the best interest of the
inhabitants of said district that such district be dissolved, it shall
make an order reciting the same and providing for the submission of the
proposition to dissolve such district to a vote of the voters of the
district, setting forth such further details in its order as may be
necessary to an orderly conduct of such election. Such election shall be
held at the municipal election. Returns of said election shall be
certified to the court. If the court finds that two-thirds of the voters
voting thereon shall have voted in favor of the proposition to dissolve
said district, the court shall make a final order dissolving said
district, and the decree shall contain a proviso that said district shall
continue in full force for the purpose of paying all outstanding and
lawful obligations and disposing of property of the district; but no
additional costs or obligations shall be created except such as are
necessary to pay such costs, obligations and liabilities theretofore
incurred, or necessary to the winding up of the district. If the court
shall find that two-thirds of the voters of the district voting thereon
shall not have voted favorably on the proposition to dissolve such
district, then the court shall make a final order declaring such result
dismissing the petition praying for the dissolution of said district; and
the said district shall continue to operate in the same manner as though
said petition asking for such dissolution has not been filed. (L. 1947 V.
I p. 432 § 40, A.L. 1978 H.B. 971)

The dissolution of a fire protection district shall not
invalidate or affect any right accruing to such fire district, or to any
person, or invalidate or affect any contract or indebtedness entered into
or imposed upon such fire protection district or person; and whenever the
circuit court shall, under the provisions of section 321.400, dissolve a
fire protection district, the said court shall appoint some competent
person to act as trustee for the fire protection district so dissolved
and such trustee before entering upon the discharge of his duties shall
take and subscribe an oath that he will faithfully discharge the duties
of his office, and shall give bond with sufficient security, to be
approved by the court to the use of such dissolved fire protection
district, for the faithful discharge of his duties, and shall proceed to
liquidate the district under orders of the court, including the levying
of any taxes provided for in this chapter. (L. 1947 V. I p. 432 § 41,
A.L. 1969 H.B. 322)

Any and all taxable tangible property located within any such
district already organized on September 10, 1947, shall continue to be
subject to the levy of taxes for general purposes and for the payment of
any indebtedness previously created, all as provided herein. The repeal
of any acts herein shall not be held to affect or invalidate any claims,
demands, acts, debts, contracts, obligations or indebtedness of any
district created under the provisions of any such act. (L. 1947 V. I p.
432 § 43, A.L. 1969 H.B. 322)

In any and every case where a notice is provided for in this
chapter, if the court finds for any reason that due notice was not given,
the court shall not thereby lose jurisdiction, and the proceeding in
question shall not thereby be void or be abated, but the court shall in
that case order due notice to be given, and shall continue the hearing
until such time as notice shall be properly given, and thereupon shall
proceed as though notice had been properly given in the first instance.
(L. 1947 V. I p. 432 § 44, A.L. 1969 H.B. 322)

All cases in which there may arise a question of the validity of
the organization of a district, or a question of the validity of any
proceeding under the provisions of this chapter, shall be advanced on the
docket as a matter of immediate public interest and concern, and heard at
the earliest practicable moment. The courts shall be open at all times
for the purposes of this chapter. (L. 1947 V. I p. 432 § 45, A.L. 1969
H.B. 322)

1. Two or more fire protection districts may consolidate with
each other in the manner hereinafter provided, and only if the districts
have one or more common boundaries, in whole or in part, as to any
respective two of the districts which are so consolidating.

2. By a majority vote of each board of directors of each fire protection
district included within the proposed consolidation, a consolidation plan
may be adopted. The consolidation plan shall include the name of the
proposed consolidated district, the legal description of the boundaries
of each district to be consolidated, and a legal description of the
boundaries of the consolidated district, the amount of outstanding bonds,
if any, of each district proposed to be consolidated, a listing of the
firehouses within each district, and the names of the districts to be
consolidated.

3. Each board of the districts approving the plan for proposed
consolidation shall duly certify and file in the office of the clerk of
the circuit court of the county in which the district is located a copy
of the plan of consolidation, bearing the signatures of those directors
who vote in favor thereof, together with a petition for consolidation.
The petition may be made jointly by all of the districts within the
respective plan of consolidation. A filing fee of fifty dollars shall be
deposited with the clerk, on the filing of the petition, against the
costs of court.

4. The circuit court sitting in and for any county to which the petition
is presented is hereby vested with jurisdiction, power and authority to
hear the same, and to approve the consolidation and order such districts
consolidated, after holding an election, as hereinafter provided.

5. If the circuit court finds the plan for consolidation to have been
duly approved by the respective boards of directors of the fire
protection districts proposed to be consolidated, then the circuit court
shall enter its order of record, directing the submission of the question.

6. The order shall direct publication of notice of election, and shall
fix the date thereof. The order shall direct that the elections shall be
held to vote on the proposition of consolidating the districts and to
elect three persons, having the qualifications declared in section
321.130 and being among the then directors of the districts proposed to
be consolidated, to become directors of the consolidated district.

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

Shall the ..... Fire Protection Districts and the ..... Fire Protection
District be consolidated into one fire protection district to be known as
the ..... Fire Protection District, with tax levies not in excess of the
following amounts: maintenance fund ..... cents per one hundred dollars
assessed valuation; ambulance service ..... cents per one hundred dollars
assessed valuation; pension fund ..... cents per one hundred dollars
assessed valuation; and dispatching fund ..... cents per one hundred
dollars assessed valuation?

8. If, upon the canvass and declaration, it is found and determined that
a majority of the voters of the districts voting on the proposition or
propositions have voted in favor of the proposition to incorporate the
consolidated district, then the court shall then further, in its order,
designate the first board of directors of the consolidated district, who
have been elected by the voters voting thereon, the one receiving the
third highest number of votes to hold office until the first Tuesday in
April which is more than one year after the date of election, the one
receiving the second highest number of votes to hold office until two
years after the first Tuesday aforesaid, and the one receiving the
highest number of votes until four years after the first Tuesday in April
as aforesaid. If any other propositions are also submitted at the
election, the court, in its order, shall also declare the results of the
votes thereon. If the court shall find and determine, upon the canvass
and declaration, that a majority of the voters of the consolidated
district have not voted in favor of the proposition to incorporate the
consolidated district, then the court shall enter its order declaring the
proceedings void and of no effect, and shall dismiss the same at the cost
of petitioners. (L. 1961 p. 553 § 1, A.L. 1969 H.B. 322, A.L. 1978 H.B.
971, A.L. 1985 H.B. 167, et al.)

If the vote prescribed by section 321.460 is in favor of the
consolidation, then, upon the order of the court declaring the same, the
consolidated district thereupon shall be a political subdivision of the
state of Missouri and a body corporate, with all the powers of like or
similar corporations, and with all the powers of fire protection
districts under section 321.220, whose affairs shall be conducted as
provided in this chapter, with all the powers, privileges and duties
therein conferred and provided upon fire protection districts in the
county. All properties, rights, assets, and liabilities of the several
fire protection districts which are so consolidated, including
outstanding bonds thereof if any, shall become forthwith and without any
further procedure the properties, rights, assets, and liabilities of the
consolidated fire protection district. The provisions of section 321.140
shall also apply to the election and order establishing the consolidated
fire protection district. (L. 1961 p. 553 § 2, A.L. 1969 H.B. 322)

The order of the circuit court having jurisdiction, as well as
finding and determining the votes of the election, shall direct the clerk
of the court to transmit to the county clerk and to the recorder of deeds
of each county in which the consolidated district is located a certified
copy of such order, to be filed in the same manner as articles of
incorporation are required to be filed under the general laws concerning
corporations, and each recorder and each clerk shall each receive, for
such filing, a fee of one dollar, to be charged as costs in the
proceeding. (L. 1961 p. 553 § 3, A.L. 1978 S.B. 628)

All powers which may be exercised by the board of directors of a
fire protection district may be exercised by the voters of that district
by initiative or referendum. (L. 1969 H.B. 322, A.L. 1978 H.B. 971)

1. A petition for a referendum shall be in substantially the
following form:

WARNING

It is a felony for anyone to sign any initiative or referendum petition
with any name other than his own, or to knowingly sign his name more than
once for the measure, or to sign such petition when he is not a legal
voter.

INITIATIVE PETITION To the board of directors of the ...... Fire
Protection District:

We the undersigned, citizens and voters of the state of Missouri and the
........... Fire Protection District, respectfully order that (describe
the measure) shall be referred to the people of the district for their
approval or rejection, at the regular (special) election to be held on
the ..... day of ...., 19.., and each for himself says: I have personally
signed this petition; I am a duly qualified elector of the state and
district; my residence and post-office address are correctly written
after my name. Name ...... Residence ...... Post Office ......

(if in a city, street and number)

(Here follow numbered lines for signatures.)

2. Every sheet for petitioners' signatures shall be attached to a full
and correct copy of the title and text of the measure proposed by the
initiative petition. Referendum petitions shall be attached to a full and
correct copy of the measure on which the referendum is demanded.

3. Each sheet of every petition containing signatures shall be verified
in substantially the following form by the person who circulated the
sheet, by his affidavit thereon: State of Missouri County of .....

I,....., being first duly sworn, say that each person whose name appears
on this sheet signed his name thereto in my presence; I believe that each
has stated his name, post-office address and residence correctly, and
that each signer is a voter of the state of Missouri and ......... Fire
Protection District.

(signature and post-office address of affiant)

Subscribed and sworn to before me this .... day of ...., 19...

(signature and title of officer before whom oath is made and his
post-office address) (L. 1969 H.B. 322, A.L. 1978 H.B. 971)

1. If an initiative or referendum petition is presented to the
secretary of the board of directors, which petition carries the names of
voters of the district, equal in number of votes of the district who
voted in the last regular district election, the board of directors shall
submit the question pursuant to the order or demand of the petition.

2. The measure called for in the petition is adopted if it receives an
affirmative majority vote of the voters voting at the district election.
(L. 1969 H.B. 322, A.L. 1978 H.B. 971)

1. Fire districts in the state of Missouri may contract to a
private company to provide fire service only if a majority of voters of
the political subdivision authorize such a proposal at a public election.

2. The ballot shall be in the following form:

Shall the .......................................... (name of fire
district) have the authority to contract the fire service of the district
to a private company?

* YES * NO

If a majority of the votes cast on the proposal by the qualified voters
voting thereon are in favor of the proposal, then the fire district board
may have the authority to contract fire services to a private company. If
a majority of the votes cast by the qualified voters voting are opposed
to the proposal, then the fire district board shall have no authority to
contract fire services to a private company. (L. 1996 S.B. 735 § 2)

CROSS REFERENCE: Municipal fire departments may contract with private
providers for fire protection, vote required, RSMo 85.012

1. Except in any county of the first classification with over
two hundred thousand inhabitants, or any county of the first
classification without a charter form of government and with more than
seventy-three thousand seven hundred but less than seventy-three thousand
eight hundred inhabitants; or any county of the first classification
without a charter form of government and with more than one hundred
eighty-four thousand but less than one hundred eighty-eight thousand
inhabitants; or any county with a charter form of government with over
one million inhabitants; or any county with a charter form of government
with over two hundred eighty thousand inhabitants but less than three
hundred thousand inhabitants, the governing body of any ambulance or fire
protection district may impose a sales tax in an amount up to one-half of
one percent on all retail sales made in such ambulance or fire protection
district which are subject to taxation pursuant to the provisions of
sections 144.010 to 144.525, RSMo, provided that such sales tax shall be
accompanied by a reduction in the district's tax rate as defined in
section 137.073, RSMo. The tax authorized by this section shall be in
addition to any and all other sales taxes allowed by law, except that no
sales tax imposed pursuant to the provisions of this section shall be
effective unless the governing body of the ambulance or fire protection
district submits to the voters of such ambulance or fire protection
district, at a municipal or state general, primary or special election, a
proposal to authorize the governing body of the ambulance or fire
protection district to impose a tax pursuant to this section.

2. The ballot of submission shall contain, but need not be limited to,
the following language:

"Shall ...................... (insert name of ambulance or fire
protection district) impose a sales tax of .................... (insert
amount up to one-half) of one percent for the purpose of providing
revenues for the operation of the .................... (insert name of
ambulance or fire protection district) and the total property tax levy on
properties in the ..................... (insert name of the ambulance or
fire protection district) shall be reduced annually by an amount which
reduces property tax revenues by an amount equal to fifty percent of the
previous year's revenue collected from this sales tax?

[ ] Yes [ ] No

If you are in favor of the question, place an "X" in the box opposite
"Yes". If you are opposed to the question, place an "X" in the box
opposite "No"."

3. If a majority of the votes cast on the proposal by the qualified
voters voting thereon are in favor of the proposal, then the sales tax
authorized in this section shall be in effect and the governing body of
the ambulance or fire protection district shall lower the level of its
tax rate by an amount which reduces property tax revenues by an amount
equal to fifty percent of the amount of sales tax collected in the
preceding year. If a majority of the votes cast by the qualified voters
voting are opposed to the proposal, then the governing body of the
ambulance or fire protection district shall not impose the sales tax
authorized in this section unless and until the governing body of such
ambulance or fire protection district resubmits a proposal to authorize
the governing body of the ambulance or fire protection district to impose
the sales tax authorized by this section and such proposal is approved by
a majority of the qualified voters voting thereon.

4. All revenue received by a district from the tax authorized pursuant to
this section shall be deposited in a special trust fund, and be used
solely for the purposes specified in the proposal submitted pursuant to
this section for so long as the tax shall remain in effect.

5. All sales taxes collected by the director of revenue pursuant to this
section, less one percent for cost of collection which shall be deposited
in the state's general revenue fund after payment of premiums for surety
bonds as provided in section 32.087, RSMo, shall be deposited in a
special trust fund, which is hereby created, to be known as the
"Ambulance or Fire Protection District Sales Tax Trust Fund". The moneys
in the ambulance or fire protection district sales tax trust fund shall
not be deemed to be state funds and shall not be commingled with any
funds of the state. The director of revenue shall keep accurate records
of the amount of money in the trust and the amount collected in each
district imposing a sales tax pursuant to this section, and the records
shall be open to inspection by officers of the county and to the public.
Not later than the tenth day of each month the director of revenue shall
distribute all moneys deposited in the trust fund during the preceding
month to the governing body of the district which levied the tax; such
funds shall be deposited with the board treasurer of each such district.

6. The director of revenue may make refunds from the amounts in the trust
fund and credit any district for erroneous payments and overpayments
made, and may redeem dishonored checks and drafts deposited to the credit
of such district. If any district abolishes the tax, the district shall
notify the director of revenue of the action at least ninety days prior
to the effective date of the repeal and the director of revenue may order
retention in the trust fund, for a period of one year, of two percent of
the amount collected after receipt of such notice to cover possible
refunds or overpayment of the tax and to redeem dishonored checks and
drafts deposited to the credit of such accounts. After one year has
elapsed after the effective date of abolition of the tax in such
district, the director of revenue shall remit the balance in the account
to the district and close the account of that district. The director of
revenue shall notify each district of each instance of any amount
refunded or any check redeemed from receipts due the district.

7. 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. (L. 2002 S.B. 1107, A.L. 2003 S.B. 68)

1. Except in any county of the first classification with more
than two hundred forty thousand three hundred but less than two hundred
forty thousand four hundred inhabitants, or any county of the first
classification with more than seventy-three thousand seven hundred but
less than seventy-three thousand eight hundred inhabitants, or any county
of the first classification with more than one hundred eighty-four
thousand but less than one hundred eighty-eight thousand inhabitants, or
any county with a charter form of government and with more than one
million inhabitants, or any county with a charter form of government and
with more than two hundred fifty thousand but less than three hundred
fifty thousand inhabitants, when the revenue from the ambulance or fire
protection district sales tax is collected for distribution pursuant to
section 321.552, the board of the ambulance or fire protection district,
after determining its budget for the year pursuant to section 67.010,
RSMo, and the rate of levy needed to produce the required revenue and
after making any other adjustments to the levy that may be required by
any other law, shall reduce the total operating levy of the district in
an amount sufficient to decrease the revenue it would have received
therefrom by an amount equal to fifty percent of the previous fiscal
year's sales tax receipts. Loss of revenue, due to a decrease in the
assessed valuation of real property located within the ambulance or fire
protection district as a result of general reassessment, and from
state-assessed railroad and utility distributable property based upon the
previous fiscal year's receipts shall be considered in lowering the rate
of levy to comply with this section in the year of general reassessment
and in each subsequent year. In the event that in the immediately
preceding year the ambulance or fire protection district actually
received more or less sales tax revenue than estimated, the ambulance or
fire protection district board may adjust its operating levy for the
current year to reflect such increase or decrease. The director of
revenue shall certify the amount payable from the ambulance or fire
protection district sales tax trust fund to the general revenue fund to
the state treasurer.

2. Except that, in the first year in which any sales tax is collected
pursuant to section 321.552, the collector shall not reduce the tax rate
as defined in section 137.073, RSMo.

3. In a year of general reassessment, as defined by section 137.073,
RSMo, or assessment maintenance as defined by section 137.115, RSMo, in
which an ambulance or fire protection district in reliance upon the
information then available to it relating to the total assessed valuation
of such ambulance or fire protection district revises its property tax
levy pursuant to section 137.073 or 137.115, RSMo, and it is subsequently
determined by decisions of the state tax commission or a court pursuant
to sections 138.430 to 138.433, RSMo, or due to clerical errors or
corrections in the calculation or recordation of assessed valuations that
the assessed valuation of such ambulance or fire protection district has
been changed, and but for such change the ambulance or fire protection
district would have adopted a different levy on the date of its original
action, then the ambulance or fire protection district may adjust its
levy to an amount to reflect such change in assessed valuation,
including, if necessary, a change in the levy reduction required by this
section to the amount it would have levied had the correct assessed
valuation been known to it on the date of its original action, provided:

(1) The ambulance or fire protection district first levies the maximum
levy allowed without a vote of the people by article X, section 11(b) of
the constitution; and

(2) The ambulance or fire protection district first adopts the tax rate
ceiling otherwise authorized by other laws of this state; and

(3) The levy adjustment or reduction may include a one-time correction to
recoup lost revenues the ambulance or fire protection district was
entitled to receive during the prior year. (L. 2002 S.B. 1107, A.L. 2004
H.B. 795, et al.)

1. Except in any county of the first classification with more
than two hundred forty thousand three hundred but less than two hundred
forty thousand four hundred inhabitants, or any county of the first
classification with more than seventy-three thousand seven hundred but
less than seventy-three thousand eight hundred inhabitants, or any county
of the first classification with more than one hundred eighty-four
thousand but less than one hundred eighty-eight thousand inhabitants, or
any county with a charter form of government and with more than one
million inhabitants, or any county with a charter form of government and
with more than two hundred fifty thousand but less than three hundred
fifty thousand inhabitants, the governing body of any ambulance or fire
protection district, when presented with a petition signed by at least
twenty percent of the registered voters in the ambulance or fire
protection district that voted in the last gubernatorial election,
calling for an election to repeal the tax pursuant to section 321.552,
shall submit the question to the voters using the same procedure by which
the imposition of the tax was voted. The ballot of submission shall be in
substantially the following form:

Shall .................. (insert name of ambulance or fire protection
district) repeal the ........ (insert amount up to one-half) of one
percent sales tax now in effect in the .......... (insert name of
ambulance or fire protection district) and reestablish the property tax
levy in the district to the rate in existence prior to the enactment of
the sales tax?

[ ] YES [ ] NO

If you are in favor of the question, place an "X" in the box opposite
"Yes". If you are opposed to the question, place an "X" in the box
opposite "No".

2. If a majority of the votes cast on the proposal by the qualified
voters of the district voting thereon are in favor of repeal, that repeal
shall become effective December thirty-first of the calendar year in
which such repeal was approved. (L. 2002 S.B. 1107, A.L. 2004 H.B. 795,
et al.)

For the purpose of providing fire protection to the property
within the district, the district and, on its behalf, the board shall
have the following powers, authority and privileges:

(1) To have perpetual existence;

(2) To have and use a corporate seal;

(3) To sue and be sued, and be a party to suits, actions and proceedings;

(4) To enter into contracts, franchises and agreements with any person,
partnership, association or corporation, public or private, affecting the
affairs of the district, including contracts with any municipality,
district or state, or the United States of America, and any of their
agencies, political subdivisions or instrumentalities, for the planning,
development, construction, acquisition or operation of any public
improvement or facility, or for a common service relating to the control
or prevention of fires, including the installation, operation and
maintenance of water supply distribution, fire hydrant and fire alarm
systems; provided, that a notice shall be published for bids on all
construction or purchase contracts for work or material or both, outside
the authority contained in subdivision (9) of this section, involving an
expense of ten thousand dollars or more;

(5) Upon approval of the voters, as herein provided, to borrow money and
incur indebtedness and evidence the same by certificates, notes or
debentures, and to issue bonds, in accordance with the provisions of
sections 321.010 to 321.450;

(6) To acquire, construct, purchase, maintain, dispose of and encumber
real and personal property, fire stations, fire protection and
fire-fighting apparatus and auxiliary equipment therefor, and any
interest therein, including leases and easements;

(7) To refund any bonded indebtedness of the district without an
election. The terms and conditions of refunding bonds shall be
substantially the same as those of the original issue of bonds, and the
board shall provide for the payment of interest, at not to exceed the
legal rate, and the principal of such refunding bonds in the same manner
as is provided for the payment of interest and principal of bonds
refunded;

(8) To have the management, control and supervision of all the business
and affairs of the district, and the construction, installation,
operation and maintenance of district improvements therein;

(9) To hire and retain agents, employees, engineers and attorneys,
including part-time or volunteer firemen;

(10) To have and exercise the power of eminent domain and in the manner
provided by law for the condemnation of private property for public use
to take any property within the district necessary to the exercise of the
powers herein granted;

(11) To receive and accept by bequest, gift or donation any kind of
property. Notwithstanding any other provision of law to the contrary, any
property received by the fire protection district as a gift or any
property purchased by the fire protection district at a price below the
actual market value of the property may be returned to the donor or
resold to the seller if such property is not used for the specific
purpose for which it was acquired;

(12) To adopt and amend bylaws, fire protection and fire prevention
ordinances, and any other rules and regulations not in conflict with the
constitution and laws of this state, necessary for the carrying on of the
business, objects and affairs of the board and of the district, and refer
to the proper authorities for prosecution any violation thereof
detrimental to the district. Any person violating any such ordinance is
hereby declared to be guilty of a class B misdemeanor, and upon
conviction thereof shall be punished as is provided herein:

(a) The prosecuting attorney for the county in which the violation occurs
shall prosecute such violations in the circuit court of that county. The
legal officer or attorney for the fire district may be appointed by the
prosecuting attorney as special assistant prosecuting attorney for the
prosecution of any such violation; or

(b) The board may adopt a specific ordinance to impose a fine or a series
of fines for specific offenses of not more than five hundred dollars. The
accused person may either appear in court at a set date or make payment
to the officer appointed by the board, either in person or through the
United States mail, with the moneys handled as are all other moneys of
the district. If the fine is not paid by the deadline imposed, the
violation and the failure to pay the fine or appear in court at the set
date may be further prosecuted as provided in paragraph (a) of this
subdivision.

The enactments of the fire district in delegating administrative
authority to officials of the district may provide standards of action
for the administrative officials, which standards are declared as
industrial codes adopted by nationally organized and recognized trade
bodies;

(13) To pay all court costs and expenses connected with the first
election or any subsequent election in the district;

(14) To have and exercise all rights and powers necessary or incidental
to or implied from the specific powers granted herein. Such specific
powers shall not be considered as a limitation upon any power necessary
or appropriate to carry out the purposes and intent of sections 321.010
to 321.450;

(15) To provide for health, accident, disability, and pension benefits,
through either or both a contributory or noncontributory plan, of the
salaried members and such other benefits for their spouses and eligible
unemancipated children of its organized fire department of the district.
For purposes of this section, "eligible unemancipated child" means a
natural or adopted child of an insured, or a stepchild of an insured who
is domiciled with the insured, who is less than twenty-three years of
age, who is not married, not employed on a full-time basis, not
maintaining a separate residence except for full-time students in an
accredited school or institution of higher learning, and who is dependent
on parents or guardians for at least fifty percent of his or her support.
Such benefits shall be determined by the board of directors of the fire
protection district within the level of available revenues of the pension
program and other available revenues of the district. If an employee
contributory plan is adopted, then at least one voting member of the
board of trustees shall be a member of the fire district elected by the
contributing members, which shall not be the same as the board of
directors;

(16) To provide for life insurance, accident, sickness, health,
disability, annuity, uniform, length of service, pension, retirement and
other employee-type fringe benefits, subject to the provisions of section
70.615, RSMo, through either a contributory or noncontributory plan or
both, for the volunteer members and such other benefits for their spouses
and minor children of any organized fire department of the district. The
type and amount of such benefits shall be determined by the board of
directors of the fire protection district within available revenues of
the district, including the pension program of the district. The
provision and receipt of such benefits shall not make the recipient an
employee of the district. Directors who are also volunteer members may
receive such benefits while serving as a director of the district;

(17) To contract for services with any rural, volunteer or subscription
fire department or organization, or volunteer fire protection
association, as defined in section 320.300, RSMo, for the purpose of
providing the benefits described in subdivision (16) of this section. (L.
1947 V. I p. 432 § 23, A.L. 1961 p. 550, A.L. 1965 p. 509, A.L. 1969 H.B.
334 § 321.220, A.L. 1978 H.B. 971, S.B. 628, A.L. 1982 S.B. 649, A.L.
1989 H.B. 487, A.L. 1990 H.B. 1395 & 1448 merged with H.B. 1675, A.L.
1992 S.B. 649, A.L. 1993 H.B. 373, A.L. 1995 H.B. 452, et al., A.L. 1999
S.B. 436)

In addition to the compensation provided pursuant to section
321.190 for fire protection districts located in a county of the first
classification with a charter form of government, each member of any such
fire protection district board may receive an attendance fee not to
exceed one hundred dollars for attending a board meeting conducted
pursuant to chapter 610, RSMo, but such board member shall not be paid
for attending more than four such meetings in any calendar month.
However, no board member shall be paid more than one attendance fee if
such member attends more than one meeting conducted under chapter 610,
RSMo, in a calendar week. (L. 1999 S.B. 436 § 1, A.L. 2005 H.B. 58 merged
with H.B. 127 merged with S.B. 210)

1. In addition to all other limits set forth in this chapter,
the board in counties of the first classification shall in each year
determine the amount of money necessary to be raised by taxation, and
shall fix a rate of levy which, when levied upon every dollar of the
taxable tangible property within the district as shown by the last
completed assessment, and with other revenues, will raise the amount
required by the district annually to supply funds for paying the expenses
of organization and operation and the costs of acquiring, supplying and
maintaining the property, works and equipment of the district, and
maintain the necessary personnel, which rate of levy shall not exceed
forty cents on the one hundred dollars valuation. The board in any county
of the first classification having a population in excess of nine hundred
thousand may fix an additional rate not to exceed twenty-five cents on
the hundred dollars valuation and the board in all other first
classification counties may fix an additional rate, not to exceed fifteen
cents on the hundred dollars valuation, the revenues from which shall be
deposited in a special fund and used only for the pension program of the
district, by submitting the following question to the voters at the
municipal general, primary or general election in such district or at any
election at which a member of the board of directors is to be elected:

Shall the board of directors of ........... Fire Protection District be
authorized to levy an annual tax rate of ...... cents per one hundred
dollars valuation, the revenues from which shall be deposited in a
special fund and used only for the pension program of the district?

2. Any district approving a tax levy rate pursuant to the provisions of
subsection 1 of this section shall transfer all revenue collected plus
interest monthly for deposit in the district retirement fund. The board
of directors for the fire protection district shall comply with the
prudent investor standard for investment fiduciaries as provided in
section 105.688, RSMo, when investing the assets of the pension program.

3. Any district may impose a tax not to exceed ten cents on the one
hundred dollars valuation, in addition to the rate which the board may
levy pursuant to this section, by submitting the following question to
the voters at any election in such district held on the first Tuesday in
April of any year:

Shall the board of directors of ............ Fire District be authorized
to increase the annual tax rate from ........ cents to ........ cents on
the hundred dollars assessed valuation?

and in addition thereto, to fix a rate of levy which will enable it to
promptly pay in full when due all interest on and principal of bonds and
other obligations of the district, and to pay any indebtedness authorized
by a vote of the people as provided by sections 321.010 to 321.450; and
in the event of accruing defaults or deficiencies in the bonded or
contractual indebtedness, an additional levy may be made as provided in
section 321.260. (L. 1947 V. I p. 432 § 25, A.L. 1953 p. 665, A.L. 1965
pp. 513, 514, A.L. 1969 H.B. 334 § 321.240, A.L. 1978 H.B. 971, A.L. 1979
H.B. 322, A.L. 1987 H.B. 57, A.L. 1988 S.B. 725, A.L. 1995 H.B. 260, et
al. merged with H.B. 416 merged with H.B. 452, et al., A.L. 1996 H.B.
1093)

1. Fire protection districts in first class counties may, in
addition to their other powers and duties, provide ambulance service
within their district if a majority of the voters voting thereon approve
a proposition to furnish such service and to levy a tax not to exceed
thirty cents on the one hundred dollars assessed valuation to be used
exclusively to supply funds for the operation of an emergency ambulance
service. The district shall exercise the same powers and duties in
operating an ambulance service as it does in operating its fire
protection service. As used in this section "emergency" means a situation
resulting from a sudden or unforeseen situation or occurrence that
requires immediate action to save life or prevent suffering or disability.

2. The proposition to furnish ambulance service may be submitted by the
board of directors at any municipal general, primary or general election
or at any election of the members of the board or upon petition by five
hundred voters of such district.

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

Shall the board of directors of ........... Fire Protection* District be
authorized to provide ambulance service within the district and be
authorized to levy a tax not to exceed thirty cents on the one hundred
dollars assessed valuation to provide funds for such service?

4. If a majority of the voters casting votes thereon be in favor of
ambulance service and the levy, the district shall forthwith commence
such service.

5. In addition to all other taxes authorized on or before September 1,
1990, the board of directors of any fire protection district may, if a
majority of the voters of the district voting thereon approve, levy an
additional tax of not more than forty cents per one hundred dollars of
assessed valuation to be used for the support of the ambulance service,
or partial or complete support of an emergency medical technician
defibrillator program or partial or complete support of an emergency
medical technician paramedic first responder program. The proposition to
levy the tax authorized by this subsection may be submitted by the board
of directors at the next annual election of the members of the board or
at any regular municipal or school election conducted by the county clerk
or board of election commissioners in such district or at a special
election called for the purpose, or upon petition of five hundred
registered voters of the district. A separate ballot containing the
question shall read as follows:

Shall the board of directors of the ....... Fire Protection District be
authorized to levy an additional tax of not more than forty cents per one
hundred dollars assessed valuation to provide funds for the support of an
ambulance service or partial or complete support of an emergency medical
technician defibrillator program or partial or complete support of an
emergency medical technician paramedic first responder program?

FOR THE PROPOSITION AGAINST THE PROPOSITION

(Place an X in the square opposite the one for which you wish to vote).

If a majority of the qualified voters casting votes thereon be in favor
of the question, the board of directors shall accordingly levy a tax in
accordance with the provisions of this subsection, but if a majority of
voters casting votes thereon do not vote in favor of the levy authorized
by this subsection, any levy previously authorized shall remain in
effect. (L. 1969 S.B. 152 § 321.225, A.L. 1977 H.B. 216, A.L. 1978 H.B.
971, A.L. 1984 H.B. 924, A.L. 1988 S.B. 725, A.L. 1990 H.B. 1395 & 1448,
A.L. 1992 S.B. 630)

*Word "Protection" does not appear in original rolls.

1. Fire protection districts, when asked to respond to fires or
other emergencies beyond its corporate boundaries may charge for those
services rendered.

2. When formal mutual aid agreements are in place with adjoining areas
and departments, this provision is not applicable except by formal
agreement and contract with the adjoining department.

3. In responding to fires or other emergencies outside the corporate
boundaries of a fire protection district, the fire protection district
responding and its firefighters shall be subject to the same liabilities
for claims for death or injury to persons or property as those subjected
to when responding to fires or emergencies within their respective fire
protection district.

4. In responding to fires or emergencies outside the corporate boundaries
of the fire protection district, the fire protection district responding
may charge up to the following fees:

(1) One hundred dollars for responding to each fire call or alarm;

(2) Five hundred dollars for each hour or a proportional sum for each
quarter hour spent in combating a fire or emergency.

5. No property owner shall be liable for fees or charges under this
section if the property owner has previously entered into an agreement
with the fire protection district in writing, prior to the occurrence of
the fire or emergency. (L. 1990 H.B. 1395 & 1448 § 2)

In any county of the first class with a charter form of
government containing a population of nine hundred thousand or more, if
two or more fire districts consolidate as prescribed by sections 321.460
to 321.470, the new board of directors will consist of five members. If,
upon canvass and declaration, it is found and determined that a majority
of the voters of the districts voting on the propositions have voted in
favor of the proposition to incorporate the consolidated district, then
the court shall then further, in its order, designate the first board of
directors of the consolidated district, who have been elected by the
voters voting thereon as follows: The one receiving the fifth highest
number of votes to hold office for a term of at least one year, the one
receiving the fourth highest number of votes to hold office for a term of
at least two years, the one receiving the third highest number of votes
to hold office for a term of at least three years and the two receiving
the second and first highest number of votes to hold office for a term of
at least four years from the date of the election of the board of
directors and until their successors are duly elected and qualified.
Thereafter, members of the board shall be elected to serve terms of four
years and until their successors are duly elected and qualified. (L. 1993
H.B. 177)

1. In counties of the first classification having a charter form
of government and having more than nine hundred thousand inhabitants and
in counties of the first classification which contain a city with a
population of one hundred thousand or more inhabitants which adjoins no
other county of the first classification, the governing body of each fire
protection district shall cause an audit to be performed consistent with
rules and regulations promulgated by the state auditor.

2. (1) All such districts shall cause an audit to be performed
biennially. Each such audit shall cover the period of the two previous
fiscal years.

(2) Any fire protection district with less than fifty thousand dollars in
annual revenues may, with the approval of the state auditor, be exempted
from the audit requirement of this section if it files appropriate
reports on its affairs with the state auditor within five months after
the close of each fiscal year and if these reports comply with the
provisions of section 105.145, RSMo. These reports shall be reviewed,
approved and signed by a majority of the members of the governing body of
the fire protection district seeking exemption.

3. Copies of each audit report must be completed and submitted to the
fire protection district and the state auditor within six months after
the close of the audit period. One copy of the audit report and
accompanying comments shall be maintained by the governing body of the
fire protection district for public inspection at reasonable times in the
principal office of the district. The state auditor shall also maintain a
copy of the audit report and comment. If any audit report fails to comply
with the rules promulgated by the state auditor, that official shall
notify the fire protection district and specify the defects. If the
defects specified are not corrected within ninety days from the date of
the state auditor's notice to the district, or if a copy of the required
audit report and accompanying comments have not been received by the
state auditor within six months after the end of the audit period, the
state auditor shall make, or cause to be made, the required audit at the
expense of the fire protection district.

4. The provisions of this section shall not apply to any fire protection
district based and substantially located in a county of the third
classification with a population of at least thirty-one thousand five
hundred but not greater than thirty-three thousand. (L. 1977 H.B. 216,
A.L. 1981 S.B. 200, A.L. 1986 H.B. 877, A.L. 1991 S.B. 34, A.L. 1993 H.B.
177 merged with S.B. 346, A.L. 1998 H.B. 1847)

If a property tax has been approved and is being collected for
the purpose of supporting a fire protection district and such fire
protection district is dissolved, such tax shall continue to be collected
and the proceeds of such tax shall be distributed to the governing body
of the city formerly containing the dissolved fire protection district,
provided that the boundaries of the fire protection district are the same
as the city and the tax is used only for providing fire protection
services within such city. (L. 1995 H.B. 452, et al.)

1. Each member of a fire protection district board shall be
subject to recall from office by the registered voters of the district
from which he was elected. Proceedings may be commenced for the recall of
any fire protection district board member by the filing of a notice of
intention to circulate a recall petition pursuant to sections 321.701 to
321.716.

2. Proceedings may not be commenced against any member if, at the time of
commencement, that member:

(1) Has not held office during his current term for a period of more than
one hundred eighty days; or

(2) Has one hundred eighty days or less remaining in his term; or

(3) Has had a recall election determined in his favor within the current
term of office. (L. 1995 H.B. 452, et al.)

*This section was amended by both H.B. 452, et al. and H.B. 484, et al.,
during the 1st Regular Session of the 88th General Assembly, 1995. Due to
possible conflict, both versions are printed here.

1. Each member of a fire protection district board located in
any county of the first classification with a population of nine hundred
thousand or more inhabitants shall be subject to recall from office by
the registered voters of the district from which he was elected.
Proceedings may be commenced for the recall of any fire protection
district board member by the filing of a notice of intention to circulate
a recall petition pursuant to sections 321.701 to 321.716.

2. Proceedings may not be commenced against any member if, at the time of
commencement, that member:

(1) Has not held office during his current term for a period of more than
one hundred eighty days; or

(2) Has one hundred eighty days or less remaining in his term; or

(3) Has had a recall election determined in his favor within the current
term of office. (L. 1995 H.B. 484, et al.)

*This section was amended by both H.B. 452, et al. and H.B. 484, et al.,
during the 1st Regular Session of the 88th General Assembly, 1995. Due to
possible conflict, both versions are printed here.

1. The notice of intention to circulate a recall petition shall
be served personally, or by certified mail, on the board member sought to
be recalled. A copy thereof shall be filed, along with an affidavit of
the time and manner of service, with the election authority, as defined
in chapter 115, RSMo. A separate notice shall be filed for each board
member sought to be recalled and shall contain all of the following:

(1) The name of the board member sought to be recalled;

(2) A statement, not exceeding two hundred words in length, of the
reasons for the proposed recall;

(3) The name(s) and business or residence address(es) of at least one,
and not more than five, proponent(s) of the recall.

2. Within seven days after the filing of the notice of intention, the
board member may file with the election authority a statement, not
exceeding two hundred words in length, in answer to the statement of the
proponents. If an answer is filed, the board member shall also serve a
copy of it, personally or by certified mail, on one of the proponents
named in the notice of intention.

3. The statement and answer are intended solely for the information of
the voters. No insufficiency in form or substance thereof shall affect
the validity of the election proceedings. (L. 1995 H.B. 452, et al.
merged with H.B. 484, et al.)

Before any signature may be affixed to a recall petition, the
petition must bear all of the following:

(1) A request that an election be called to elect a successor to the
board member;

(2) A copy of the notice of intention, including the statement of grounds
for recall;

(3) The answer of the board member sought to be recalled, if any. If the
board member has not answered, the petition shall so state;

(4) A place for each signer to affix his or her signature, printed name
and residence address including city or unincorporated community. (L.
1995 H.B. 452, et al. merged with H.B. 484, et al.)

Each section of the petition, when submitted to the election
authority, shall have attached to it an affidavit signed by the
circulator of that section, setting forth all of the following:

(1) The printed name of the affiant;

(2) The residence address of the affiant;

(3) That the affiant circulated that section and saw the appended
signatures be written;

(4) That according to the best information and belief of the affiant,
each signature is the genuine signature of the person whose name it
purports to be;

(5) That the affiant is a registered voter of the fire protection
district of the board member sought to be recalled; and

(6) The dates between which all the signatures to the petition were
obtained. (L. 1995 H.B. 452, et al. merged with H.B. 484, et al.)

1. A recall petition shall be filed with the election authority
not more than one hundred eighty days after the filing of the notice of
intention.

2. The number of qualified signatures required in order to recall an
officer shall be equal in number to at least twenty-five percent of the
number of voters who voted in the most recent gubernatorial election in
that district.

3. Within twenty days from the filing of the recall petition the election
authority shall determine whether or not the petition was signed by the
required number of qualified signatures. The election authority shall
file with the petition a certificate showing the results of the
examination. The authority shall give the proponents a copy of the
certificate upon their request.

4. If the election authority certifies the petition to be insufficient,
it may be supplemented within ten days of the date of certificate by
filing additional petition sections containing all of the information
required by section 321.709 and this section. Within ten days after the
supplemental copies are filed, the election authority shall file with it
a certificate stating whether or not the petition as supplemented is
sufficient.

5. If the certificate shows that the petition as supplemented is
insufficient, no action shall be taken on it; however, the petition shall
remain on file. (L. 1995 H.B. 452, et al. merged with H.B. 484, et al.)

1. If the election authority finds the signatures on the
petition, together with the supplementary petition sections if any, to be
sufficient, it shall submit its certificate as to the sufficiency of the
petition to the fire protection district board prior to its next meeting.
The certificate shall contain:

(1) The name of the member whose recall is sought;

(2) The number of signatures required by law;

(3) The total number of signatures on the petition;

(4) The number of valid signatures on the petition.

2. Following the fire protection board's receipt of the certificate, the
election authority shall order an election to be held on one of the
election days specified in section 115.123, RSMo. The election shall be
held not less than forty-five days nor more than one hundred twenty days
after the fire protection district board receives the petition.
Nominations hereunder shall be made by filing a statement of candidacy
with the election authority.

3. At any time prior to forty-two days before the election, the member
sought to be recalled may offer his resignation. If his resignation is
offered, the recall question shall be removed from the ballot and the
office declared vacant. The member who resigned may not fill the vacancy
which shall be filled as provided by law. (L. 1995 H.B. 452, et al.)

*This section was amended by both H.B. 452, et al. and H.B. 484, et al.,
during the 1st Regular Session of the 88th General Assembly, 1995. Due to
possible conflict, both versions are printed here.

1. If the election authority finds the signatures on the
petition, together with the supplementary petition sections if any, to be
sufficient, it shall submit its certificate as to the sufficiency of the
petition to the fire protection district board prior to its next meeting.
The certificate shall contain:

(1) The name of the member whose recall is sought;

(2) The number of signatures required by law;

(3) The total number of signatures on the petition;

(4) The number of valid signatures on the petition.

2. Following the fire protection board's receipt of the certificate, the
county election authority shall order an election to be held on one of
the election days specified in section 115.123, RSMo. The election shall
be held not less than forty-five days nor more than one hundred twenty
days after the fire protection district board receives the petition.
Nominations hereunder shall be made by filing a statement of candidacy
with the election authority.

3. At any time prior to forty-two days before the election, the member
sought to be recalled may offer his resignation. If his resignation is
offered, the recall question shall be removed from the ballot and the
office declared vacant. The member who resigned may not fill the vacancy
which shall be filled as provided by law. (L. 1995 H.B. 484, et al.)

*This section was amended by both H.B. 452, et al. and H.B. 484, et al.,
during the 1st Regular Session of the 88th General Assembly, 1995. Due to
possible conflict, both versions are printed here.

The provisions of chapter 115, RSMo, governing the conduct of
elections shall apply, where appropriate, to recall elections held under
sections 321.701 to 321.716. The costs of the election shall be paid as
provided in chapter 115, RSMo. (L. 1995 H.B. 452, et al. merged with H.B.
484, et al.)

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