SB 859
Creates provisions relating to police protection districts
Sponsor:
LR Number:
3178S.01I
Last Action:
1/20/2022 - Second Read and Referred S Transportation, Infrastructure and Public Safety Committee
Journal Page:
Title:
Calendar Position:
Effective Date:
August 28, 2022

Current Bill Summary

SB 859 - This act creates police protection districts which shall be a political subdivision organized and empowered to supply protection to people and property from crimes and hazards, to render first aid for the purpose of saving lives, and to give assistance in the event of an accident or emergency. The police protection district must consist of contiguous tracts or parcels of property containing all or parts of one county and may include, in whole but not in part, any city, town, or village. (Section 85.1000)

Once the district is incorporated, as provided in the act, the voters within the boundaries of the district shall hold an election to select three or five people as the first board of directors of the police protection district. No employee of any police protection district shall serve as a member of any police protection district board while employed by the district. Each board member shall complete training approved by the Department of Public Safety. The board shall elect members to be the chair, secretary, and treasurer and shall hold meetings as provided in the act. Board elections shall be held every two years and any vacancies shall be filled as provided in the act. (Sections 85.1010 to 85.1115)

Additionally, a district director shall be elected or appointed. Such director shall be a resident and voter of the district. The director shall not hold any other lucrative employment with the state or a political subdivision while serving as district director. (Sections 85.1005 and 85.1065)

The board shall have the authority to provide police protection by entering into contracts, borrowing money and incurring indebtedness, acquiring and maintaining property, hiring employees, issuing bonds, and other such powers as provided in the act. The board shall also have the power and authority to order the levy and collection of taxes and raise the amount required by the district to annually supply funds for paying the expenses and operation of the district as provided in the act. Additionally, a board of directors for an emergency dispatching service shall be established and an additional tax of not more than 3 cents per $100 of assessed valuation may be levied to fund such emergency dispatching service. (Sections 85.1120 to 85.1160)

This act provides that police protection districts may contract to provide police protection to municipalities that do not operate a police department. (Section 85.1135)

This act requires certain personnel and equipment for central police and emergency dispatching centers in order to qualify for funds collected by the district. Such requirements include:

• Two separate transmitters capable of working on all police radio frequencies;

• Duo-multichannel recording equipment;

• A minimum of three trunk telephone lines reserved for emergency calls only;

• A chief dispatcher to be in charge of operations;

• A sufficient number of senior and assistant dispatchers to provide 24-hour attendance at the dispatching center;

• An alarm system for dispatching center and radio equipment that can operate independently; and

• Radio equipment for all police and emergency vehicles.

(Section 85.1165)

This act provides that the boundaries of any police protection district may be changed if 25% of the number of voters who voted in the most recent gubernatorial election in the area to be annexed file a petition with the board which shall describe the specific property to be included in the district. The board of directors of the district shall decide if the boundary change is in the best interest of the district. The county clerk shall record the final order of the boundary change as provided in the act. Finally, if a police protection district is adopted, then any municipal police department contained within such district shall be dissolved. (Sections 85.1195 to 85.1215)

A police protection district may also be dissolved whenever a petition signed by not less than 25% of the voters who cast votes at the last election for the district director is filed with the county clerk. If the county clerk finds that a sufficient number of signatures have been gathered for the district to be dissolved, the clerk shall make an order and provide for the submission of the proposition to dissolve the district to a vote of the voters of the district. (Sections 85.1245 to 85.1265)

Two or more police protection districts may consolidate with each other if the districts have one or more common boundaries or if they are located in the same county, in whole or in part. After a majority vote of the board of directors for each district is taken, a consolidation plan may be adopted. The proposition shall be submitted to the voters of the districts as provided in the act. (Sections 85.1270 to 85.1280)

This act provides that all powers exercised by the board of directors of a police protection district may be exercised by the voters of that district by initiative petition. (Sections 85.1285 to 85.1300) Additionally, police protection districts in certain counties shall be audited by the State Auditor biennially. (Section 85.1355)

Any member of a police protection district board shall be subject to recall from office by the registered voters of the district. A notice of recall shall be served personally to the board member sought to be recalled. The petition for recall shall be submitted to the election authority as provided in the act. (Sections 85.1365 to 85.1395)

Finally, any board of directors of a police protection district administering its own retirement or other benefits-related plan shall administer such plan by a separate 5 member pension board of trustees made up of certain members as provided in the act. (Section 85.1400)

This act is substantially similar to SB 277 (2021).

MARY GRACE PRINGLE

Amendments

No Amendments Found.