Read 1st time January 26, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To repeal sections 205.970 and 205.971, RSMo 1994, and section 205.968, RSMo Supp. 1999, relating to county sheltered workshops, and to enact in lieu thereof three new sections relating to the same subject.
Section A. Sections 205.970 and 205.971, RSMo 1994, and section 205.968, RSMo Supp. 1999, are repealed and three new sections enacted in lieu thereof, to be known as sections 205.968, 205.970 and 205.971, to read as follows:
205.968. 1. As set forth in section 205.971, when a levy is approved by the voters, the governing body of any county or city not within a county of this state shall establish a board of directors. The board of directors shall be a legal entity empowered to establish and/or [operate] appropriate funds to a sheltered workshop as defined in section 178.900, RSMo, [residence facilities] residential services, or related services, for the care or employment, or both, of handicapped persons. [The facility may operate] Services may be provided at one or more locations in the county or city not within a county. Once established, the board may, in its own name engage in and contract for any and all types of services, actions or endeavors, not contrary to the law, necessary to the successful and efficient prosecution and continuation of the business and purposes for which it is created[, and]. Notwithstanding any provision of law to the contrary, the board may act concurrently as a direct provider of services and may allocate funds it receives among itself and other providers of services within the county; provided that the board's guidelines for allocation of funds are approved by the board after public hearing. County boards may purchase, receive, lease or otherwise acquire, own, hold, improve, use, sell, convey, exchange, transfer, and otherwise dispose of real and personal property, or any interest therein, or other assets wherever situated and may incur liability and may borrow money at rates of interest up to the market rate published by the Missouri division of finance. The board shall be taken and considered as a "political subdivision" as the term is defined in section 70.600, RSMo, for the purposes of sections 70.600 to 70.755, RSMo.
2. Services may only be provided for those persons defined as handicapped persons in section 178.900, RSMo, and those persons defined as handicapped persons in this section whether or not employed at the facility or in the community, and for persons who are handicapped due to developmental disability. Persons having substantial functional limitations due to a mental illness as defined in section 630.005, RSMo, shall not be eligible for services [under] pursuant to the provisions of sections 205.968 to 205.972 except that those persons may participate in services [under] pursuant to the provisions of sections 205.968 to 205.972. All persons otherwise eligible for facilities or services [under] pursuant to this section shall be eligible regardless of their age; except that, individuals employed in sheltered workshops must be at least sixteen years of age.
3. County boards shall establish a planning process that will assist them in assessing the adequacy and growth of existing services and the need for and impact of new services. As part of the planning process, the board shall solicit input from consumers, families, sheltered workshops, providers and others with interest within the community. The board shall consider the workshops, vocational services and residential services needs in the planning and needs assessment process. The board shall present the results of the proposed plan at a public meeting prior to adopting the final budget. The board shall then adopt a plan that addresses the needs identified by such interest parties. Such plan shall be made available to the public, reviewed for possible changes annually and updated at least once every three years. The board shall provide an annual report of the progress of the plan implementation to the community.
4. The board may, in its discretion but with consideration of input received, impose limitations with respect to individuals to be served and services [to be provided] the board will fund. Such limitations shall meet the intent of section 205.969, and shall be reasonable [in the light of] with respect to available funds, needs of the persons and community to be served [as assessed by the board] as determined by community input, and the appropriateness and efficiency of combining services to persons with various types of handicaps or disabilities.
5. The county board shall establish an appeals process to review funding decisions that are in dispute. Appeals regarding funding decisions shall be resolved within sixty days.
6. A board established pursuant to this section shall set an annual joint board meeting between itself and the board of the not for profit corporation of the sheltered workshop established pursuant to sections 178.900 to 178.970, RSMo, to discuss issues of both boards.
[3.] 7. For the purposes of sections 205.968 to 205.972, the term
(1) "Developmental disability" [shall mean] means either or both paragraph (a) or (b) of this subsection:
(a) A disability which is attributable to mental retardation, cerebral palsy, autism, epilepsy, a learning disability related to a brain dysfunction or a similar condition found by comprehensive evaluation to be closely related to such conditions, or to require habilitation similar to that required for mentally retarded persons; and
a. Which originated before age eighteen; and
b. Which can be expected to continue indefinitely;
(b) A developmental disability as defined in section 630.005, RSMo;
(2) "Handicapped person" [shall mean] means a person who is lower range educable or upper range trainable mentally retarded or a person who has a developmental disability;
(3) "Related services", means acts or commodities which are connected to or associated with vocational training, vocational teaching, vocational activities, vocational workshops, residential services, recreation, sports competition, respite or day habilitation.
205.970. 1. When approved by the voters pursuant to section 205.971, the governing body of the county or city not within a county shall appoint a board of directors consisting of a total of nine members, two of whom shall be related by blood or marriage within the third degree to a handicapped person as defined in section 205.968, and four of whom shall be public members. At least seven of the board members shall be residents of the county or city not within a county where the [facility is located] tax is levied. After September 28, 1979, all board members shall be appointed to serve for a term of three years, except that of the first board appointed after September 28, 1979, three members shall be appointed for one-year terms, three members for two-year terms and three members for three-year terms. Board members may be reappointed. The directors shall not receive compensation for their services, but may be reimbursed for their actual and necessary expenses.
2. The administrative control and management of the [facility] activities shall rest solely with the board, and the board shall employ all necessary personnel, fix their compensation, and provide suitable quarters and equipment for the operation of the [facility] activities from funds made available for this purpose.
3. Notwithstanding any provision of law to the contrary, and irrespective of whether or not a county sheltered workshop or residence facility has been established, the board may contract to provide services relating in whole or in part to the services which the board may provide to handicapped persons as defined in this law and for such purpose may expend the tax funds or other funds.
4. The board shall elect a chairman, vice chairman, treasurer, and such other officers as it deems necessary for its membership. Before taking office, the treasurer shall furnish a surety bond, in an amount to be determined and in a form to be approved by the board, for the faithful performance of [his] the treasurer's duties and faithful accounting of all moneys that may come into [his] the treasurer's hands. The treasurer shall enter into the surety bond with a surety company authorized to do business in Missouri, and the cost of such bond shall be paid by the board of directors.
5. The board [shall] may set rules for [admission to the facility] eligibility to the facilities and participation in the services for which it funds, and shall do all other things necessary to carry out the purposes of sections 205.968 to 205.972.
6. Within one hundred twenty days of the close of the county board's fiscal year, the county board shall produce a financial statement which shall include audited income and expenses for the immediate preceding fiscal year and balance sheet to be made available to the public upon request.
7. The board may contract with any not for profit corporation including any corporation which is incorporated for the purpose of implementing the provisions of sections 178.900 to 178.970, RSMo, for any common services, or for the common use of any property of either group.
[7.] 8. The board may accept any gift of property or money for the use and benefit of the [facility] services provided, and the board is authorized to sell or exchange any such property which it believes would be to the benefit of the [facility] facilities or services so long as the proceeds are used exclusively for [facility] facilities and services purposes provided for in sections 205.968 to 205.972. The board shall have exclusive control of all gifts, property or money it may accept; of all interest or other proceeds which may accrue from the investment of such gifts or money or from the sale of such property; of all tax revenues collected by the county on behalf of the facilities or services; and of all other funds granted, appropriated, or loaned to it by the federal government, the state, or its political subdivisions so long as these resources are used [solely] to benefit [the facility or related services] sheltered workshops, residential services or related services by the board to accomplish the purposes of sections 205.968 to 205.972, except those paid for transportation purposes [under] pursuant to the provisions of section 94.645, RSMo.
[8.] 9. Any board member may, following notice and an opportunity to be heard, be removed from office by a majority vote of the other members of the board for any of the following grounds:
(1) Failure to attend five consecutive meetings, without good cause;
(2) Conduct prejudicial to the good order and efficient operation of the facility or services; or
(3) Neglect of duty. The chairman of the board shall preside at such removal hearing, unless he or she is the person sought to be removed. In which case the hearing shall be presided over by another member elected by the majority vote of the other board members. All interested parties may present testimony and arguments at such hearing, and the witnesses shall be sworn by oath or affirmation before testifying. Any interested party may, at his or her own expense, record the proceedings.
[9.] 10. Vacancies in the board occasioned by removals, resignations or otherwise shall be reported by the board chairman to the mayor's office of a city not within a county or the county commission or county executive officer and shall be filled in like manner as original appointments; except that, if the vacancy occurs during an unexpired term, the appointment shall be for only the unexpired portion of that term.
[10.] 11. Individual board members shall not be eligible for employment by the board within twelve months of termination of service as a member of the board.
[11.] 12. No person shall be employed by the board who is related within the third degree by blood or by marriage to any member of the board.
13. Individual board members of the county board shall not have been employed by the county board within twelve months of their appointment to the board. Such board members shall not be currently serving on another board that receives funds pursuant to sections 205.968 to 205.972, unless they are serving in a nonvoting capacity.
205.971. The board of aldermen or other governing body of a city not within a county and the county commission or other
governing body of the county, except for a county of the first classification having a charter form of government containing
in part a city with a population of more than three hundred fifty thousand inhabitants, or a county of the first classification
having a charter form of government with a population of at least nine hundred thousand inhabitants may, upon approval of
a majority of the qualified voters of such city or county thereon, levy and collect a tax not to exceed four mills per dollar of
assessed valuation upon all taxable property within the city or county for the purpose of establishing and maintaining [the
county sheltered workshop, residence, facility and/or] sheltered workshops, residential services or related services. The
county commission or other governing body of a county of the first classification having a charter form of government
containing in whole or part a city with a population of more than three hundred fifty thousand inhabitants, or a county of
the first classification having a charter form of government with a population of at least nine hundred thousand inhabitants
may, upon approval of a majority of the qualified voters of such county or city voting thereon, levy and collect a tax not to
exceed two mills per dollar of assessed valuation upon all taxable property within such county or city for the purpose of
establishing and maintaining the [county or city sheltered workshop, residence, facility and/or] sheltered workshops,
residential services or related services. The tax so levied shall be collected along with other county taxes, or in the case of
a city not within a county, with other city taxes, in the manner provided by law. All funds collected for this purpose shall
be deposited in a special fund and shall be used for no other purpose. Deposits in the fund shall be expended only upon
approval of the board.
Missouri House of Representatives