Section 190.335

Title XII PUBLIC HEALTH AND WELFARE

Chapter 190

Effective - 09 Jul 2019, 9 histories, see footnote   

  190.335.  Central dispatch for emergency services, alternative funding by county sales tax, procedure, ballot form, rate of tax — collection, limitations — adoption of alternate tax, telephone tax to expire, when — board appointment and election, qualification, terms — continuation of board in Greene, Lawrence and Stoddard counties — board appointment in Christian, Taney, and St. Francois counties — prepaid wireless telecommunications services, tax exempt. — 1.  In lieu of the tax levy authorized under section 190.305 for emergency telephone services, the county commission of any county may impose a county sales tax for the provision of central dispatching of fire protection, including law enforcement agencies, emergency ambulance service or any other emergency services, including emergency telephone services, which shall be collectively referred to herein as "emergency services", and which may also include the purchase and maintenance of communications and emergency equipment, including the operational costs associated therein, in accordance with the provisions of this section.

  2.  Such county commission may, by a majority vote of its members, submit to the voters of the county, at a public election, a proposal to authorize the county commission to impose a tax under the provisions of this section.  If the residents of the county present a petition signed by a number of residents equal to ten percent of those in the county who voted in the most recent gubernatorial election, then the commission shall submit such a proposal to the voters of the county.

  3.  The ballot of submission shall be in substantially the following form:

Shall the county of ______ (insert name of county) impose a county sales tax of ______ (insert rate of percent) percent for the purpose of providing central dispatching of fire protection, emergency ambulance service, including emergency telephone services, and other emergency services?
☐ YES	☐ NO

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If a majority of the votes cast on the proposal by the qualified voters voting thereon are in favor of the proposal, then the ordinance shall be in effect as provided herein.  If a majority of the votes cast by the qualified voters voting are opposed to the proposal, then the county commission shall have no power to impose the tax authorized by this section unless and until the county commission shall again have submitted another proposal to authorize the county commission to impose the tax under the provisions of this section, and such proposal is approved by a majority of the qualified voters voting thereon.

  4.  The sales tax may be imposed at a rate not to exceed one percent on the receipts from the sale at retail of all tangible personal property or taxable services at retail within any county adopting such tax, if such property and services are subject to taxation by the state of Missouri under the provisions of sections 144.010 to 144.525.  The sales tax shall not be collected prior to thirty-six months before operation of the central dispatching of emergency services.

  5.  Except as modified in this section, all provisions of sections 32.085 and 32.087 shall apply to the tax imposed under this section.

  6.  Any tax imposed pursuant to section 190.305 shall terminate at the end of the tax year in which the tax imposed pursuant to this section for emergency services is certified by the board to be fully operational.  Any revenues collected from the tax authorized under section 190.305 shall be credited for the purposes for which they were intended.

  7.  At least once each calendar year, the board shall establish a tax rate, not to exceed the amount authorized, that together with any surplus revenues carried forward will produce sufficient revenues to fund the expenditures authorized by this act.  Amounts collected in excess of that necessary within a given year shall be carried forward to subsequent years.  The board shall make its determination of such tax rate each year no later than September first and shall fix the new rate which shall be collected as provided in this act.  Immediately upon making its determination and fixing the rate, the board shall publish in its minutes the new rate, and it shall notify every retailer by mail of the new rate.

  8.  Immediately upon the affirmative vote of voters of such a county on the ballot proposal to establish a county sales tax pursuant to the provisions of this section, the county commission shall appoint the initial members of a board to administer the funds and oversee the provision of emergency services in the county.  Beginning with the general election in 1994, all board members shall be elected according to this section and other applicable laws of this state.  At the time of the appointment of the initial members of the board, the commission shall relinquish and no longer exercise the duties prescribed in this chapter with regard to the provision of emergency services and such duties shall be exercised by the board.

  9.  The initial board shall consist of seven members appointed without regard to political affiliation, who shall be selected from, and who shall represent, the fire protection districts, ambulance districts, sheriff's department, municipalities, any other emergency services and the general public.  This initial board shall serve until its successor board is duly elected and installed in office.  The commission shall ensure geographic representation of the county by appointing no more than four members from each district of the county commission.

  10.  Beginning in 1994, three members shall be elected from each district of the county commission and one member shall be elected at large, such member to be the chairman of the board.  Of those first elected, four members from districts of the county commission shall be elected for terms of two years and two members from districts of the county commission and the member at large shall be elected for terms of four years.  In 1996, and thereafter, all terms of office shall be four years; provided that, if a board established under this section consolidates with a board established under this section, section 190.327, or section 190.328, under the provisions of section 190.470, the term of office for the existing board members shall end on the thirtieth day following the appointment of the initial board of directors for the consolidated district.  Notwithstanding any other provision of law, if there is no candidate for an open position on the board, then no election shall be held for that position and it shall be considered vacant, to be filled pursuant to the provisions of section 190.339, and, if there is only one candidate for each open position, no election shall be held and the candidate or candidates shall assume office at the same time and in the same manner as if elected.

  11.  Notwithstanding the provisions of subsections 8 to 10 of this section to the contrary, in any county of the first classification with more than two hundred forty thousand three hundred but fewer than two hundred forty thousand four hundred inhabitants or in any county of the third classification with a township form of government and with more than twenty-eight thousand but fewer than thirty-one thousand inhabitants or in any county of the third classification without a township form of government and with more than thirty-seven thousand but fewer than forty-one thousand inhabitants and with a city of the fourth classification with more than four thousand five hundred but fewer than five thousand inhabitants as the county seat, any emergency telephone service 911 board appointed by the county under section 190.309 which is in existence on the date the voters approve a sales tax under this section shall continue to exist and shall have the powers set forth under section 190.339.  Such boards which existed prior to August 25, 2010, shall not be considered a body corporate and a political subdivision of the state for any purpose, unless and until an order is entered upon an unanimous vote of the commissioners of the county in which such board is established reclassifying such board as a corporate body and political subdivision of the state.  The order shall approve the transfer of the assets and liabilities related to the operation of the emergency telephone service 911 system to the new entity created by the reclassification of the board.

  12.  (1)  Notwithstanding the provisions of subsections 8 to 10 of this section to the contrary, in any county of the second classification with more than fifty-four thousand two hundred but fewer than fifty-four thousand three hundred inhabitants or any county of the first classification with more than fifty thousand but fewer than seventy thousand inhabitants that has approved a sales tax under this section, the county commission shall appoint the members of the board to administer the funds and oversee the provision of emergency services in the county.

  (2)  The board shall consist of seven members appointed without regard to political affiliation.  Except as provided in subdivision (4) of this subsection, each member shall be one of the following:

  (a)  The head of any of the county's fire protection districts, or a designee;

  (b)  The head of any of the county's ambulance districts, or a designee;

  (c)  The county sheriff, or a designee;

  (d)  The head of any of the police departments in the county, or a designee; and

  (e)  The head of any of the county's emergency management organizations, or a designee.

  (3)  Upon the appointment of the board under this subsection, the board shall have the power provided in section 190.339 and shall exercise all powers and duties exercised by the county commission under this chapter, and the commission shall relinquish all powers and duties relating to the provision of emergency services under this chapter to the board.

  (4)  In any county of the first classification with more than fifty thousand but fewer than seventy thousand inhabitants, each of the entities listed in subdivision (2) of this subsection shall be represented on the board by at least one member.

  (5)  In any county with more than fifty thousand but fewer than seventy thousand inhabitants and with a county seat with more than two thousand one hundred but fewer than two thousand four hundred inhabitants, the entities listed in subdivision (2) of this subsection shall be represented by one member, and two members shall be residents of the county not affiliated with any of the entities listed in subdivision (2) of this subsection and shall be known as public members.

  13.  Any county that has authorized a tax levy under this section prior to January 1, 2012, and such levy is reduced automatically after approval of such levy, shall not submit to the voters of the county for approval any proposal authorized under this section that is greater than the amount at the time of reduction.

  14.  A purchase that provides prepaid wireless telecommunications service, as such term is defined in section 190.460, is specifically exempted from the tax imposed under this section or section 190.292 if such county did not prohibit the prepaid wireless emergency telephone service charge as allowed in subsection 6 of section 190.460 or votes to impose the prepaid wireless emergency telephone service charge as allowed under subsection 7 of section 190.460.

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(L. 1993 S.B. 157 & 29 § 1, A.L. 1996 H.B. 1460, A.L. 2005 H.B. 58, A.L. 2008 S.B. 1039, A.L. 2010 H.B. 1942, A.L. 2012 H.B. 1647, A.L. 2013 H.B. 163, A.L. 2014 S.B. 690, A.L. 2016 S.B. 732, A.L. 2018 H.B. 1355 merged with H.B. 1456, A.L. 2019 S.B. 291)

Effective 7-09-19

CROSS REFERENCE:

Audit of central dispatch authorized, 190.334