HCS SB 978 -- EMERGENCY SERVICES BOARDS

SPONSOR:  Griesheimer (Pollock)

COMMITTEE ACTION:  Voted "do pass by consent" by the Committee on
Elections by a vote of 6 to 0.

This substitute establishes a procedure by which an ambulance
district board member may be recalled from office by the
registered voters of the member's election district.  No board
member can be recalled during the first or last 180 days of the
member's current term or if a previous recall election was
decided in the member's favor during the current term.

A notice of intention to circulate a recall petition, including a
short statement of the reasons for the proposed recall, must be
served on the particular board member either personally or by
certified mail; and a copy of the notice must be filed with the
election authority.  If the member chooses to file a short answer
with the election authority, the member has seven days to do so,
and must serve a copy of the answer to the petitioner either
personally or by certified mail.

The person circulating the recall petition must sign an affidavit
attesting to the information in the petition, and the petition
must be filed with the election authority within 180 days after
the filing of the notice of intention.  The number of qualified
signatures needed to recall a board member must be equal to at
least 25% of the number of voters who voted in the most recent
gubernatorial election in the election district.

The election authority has 20 days to certify or reject the
petition signatures.  If the petition is rejected, it may be
supplemented by filing additional qualified signatures within 10
days of the certification.  If the election authority certifies
the petition and any supplements as sufficient, the certificate
is filed with the ambulance district board of directors.  The
election authority must order a recall election on a statutory
election day, not less than 45 days but not more than 120 days
from the date the ambulance board receives the certified
petition.

If the ambulance district board member being recalled resigns at
any time prior to 42 days before the election, the recall
question will be removed from the ballot and the vacant seat will
be filled as specified by law.  The resigning member cannot fill
the vacancy.

The substitute also authorizes fire protection district boards to
delegate certain powers and responsibilities to the fire chief
and to rescind that delegation upon a majority vote of the board.
The powers and responsibilities that can be delegated include the
power to enter into contracts; hire personnel; purchase,
maintain, receive, and dispose of real and personal property; and
manage, control, and supervise all the business and affairs of
the district.

FISCAL NOTE:  No impact on state funds in FY 2009, FY 2010, and
FY 2011.

PROPONENTS:  Supporters say that the bill provides a needed
mechanism to remove directors in ambulance districts similar to
the procedure being used in fire districts.

Testifying for the bill were Senator Griesheimer; and Missouri
Ambulance Association.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:13 pm