S2551.05T

To repeal section 72.418, RSMo Supp. 1995, relating to fire protection district elections, and to enact in lieu thereof three new sections relating to the same subject, with an emergency clause for certain sections.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Section 72.418, RSMo Supp. 1995, is repealed and three new sections enacted in lieu thereof to be known as sections 72.418, 1 and 2, to read as follows:

72.418. 1. Notwithstanding any other provision of law to the contrary, no new city created pursuant to sections 72.400 to 72.418 shall establish a municipal fire department to provide fire protection services, including emergency medical services, if such city formerly consisted of unincorporated areas in the county or municipalities in the county, or both, which are provided fire protection services and emergency medical services by one or more fire protection districts. Such fire protection districts shall continue to provide services to the area comprising the new city and may levy and collect taxes the same as such districts had prior to the creation of such new city.

2. Fire protection districts serving the area included within any annexation by a city having a fire department, including simplified boundary changes, shall continue to provide fire protection services, including emergency medical services to such area. The annexing city shall pay annually to the fire protection district an amount equal to that which the fire protection district would have levied on all taxable property within the annexed area. Such annexed area shall not be subject to taxation for any purpose thereafter by the fire protection district except for bonded indebtedness by the fire protection district which existed prior to the annexation. The amount to be paid annually by the municipality to the fire protection district pursuant hereto shall be a sum equal to the annual assessed value multiplied by the annual tax rate as certified by the fire protection district to the municipality, including any portion of the tax created for emergency medical 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 subsequent to such annexation, but shall not include any portion of the tax rate for bonded indebtedness incurred prior to such annexation. Notwithstanding any other provision of law to the contrary, the residents of an area annexed on or after May 26, 1994, may vote in all fire protection district elections and may be elected to the fire protection district board of directors.

3. The fire protection district may approve or reject any proposal for the provision of fire protection and emergency medical services by a city.

4. Notwithstanding the provisions of section 72.401 to the contrary, this section shall not expire on December 31, 2002.

Section 1. 1. If an initiative or referendum petition is presented to the secretary of the board of directors in any fire protection district which has an assessed valuation of more than nine hundred ninety million dollars but less than one billion dollars and in which is located a third class city with a population as of the most recent decennial census of at least forty-one thousand but not more than forty-five thousand inhabitants, which is located within a county of the first classification with a population in excess of nine hundred thousand inhabitants, and which petition carries the names of voters of the district, equal in number to at least twenty-five percent of the number of voters who voted in the most recent fire district election, the board of directors shall submit the question pursuant to the order or demand of the petition.

2. In any fire protection district specified in subsection 1 of this section, upon the filing with the circuit court having jurisdiction over the fire protection district an emergency petition signed by 100 voters of the district, the circuit court may stay any action of the district contained in the petition. A copy of the petition shall be delivered to the fire protection board upon filing with the court. The petition shall set forth all relevant facts pertaining to the emergency status of the petition, set forth reasons why the petition is an emergency in that the public health and safety of the district is at risk, request the court to stay the actions contained in the petition, and request the court to set a time for the gathering of signatures pursuant to subsection 1. The court may hold hearings on the petition, and if the court finds that the petition does state an emergency, the court shall stay the actions contained in the petition. The court shall place the petition at the top of the docket, and rule on the merits of the petition in an expeditious manner.

3. The measure called for in the petition is adopted if it receives an affirmative majority vote of the voters voting at the district election.

4. This section shall expire on May 1, 1997.

Section 2. 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.

Section B. Because of the need to clarify election procedures and provide for essential fire and emergency medical services for the public welfare, sections 72.418 and 1 of this act are deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and are hereby declared to be an emergency act within the meaning of the constitution. Section 1 shall be in full force and effect upon its passage and approval and section 72.418 shall be in full force and effect upon its passage and approval or May 1, 1996, whichever occurs later.