COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.:         4267-05

Bill No.:          SCS for HB 1711

Subject:           Emergency Services Board: Christian County

Type:              Original

Date:               April 14, 2008

Bill Summary:            Requires Christian County Commission to appoint an emergency services board. Provides for Jefferson County Health Center sales tax, makes certain procedure changes for fire protection district board members. Provides for recall of ambulance district board members.

FISCAL SUMMARY

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 10 pages.

☐ Estimated Total Net Effect on All funds expected to exceed $100,000 savings or (cost).

☐ Estimated Net Effect on General Revenue Fund expected to exceed $100,000 (cost).

FISCAL ANALYSIS

ASSUMPTION

Officials of the Department of Health and Senior Services assume no fiscal impact.

Officials of the Department of Public Safety assume no fiscal impact.

Officials of the City of Springfield Police Department assume no fiscal impact.

Section 67.585 - Jefferson County Public Health Center Sales Tax:

Oversight sent the County Commission of Jefferson County, and the County Health Department of Jefferson County a fiscal note request and neither have answered our request.

Oversight assumes section 67.585 is enabling legislation and would have no fiscal impact without action by the Board of Trustees of the Public Health Center, and with voter approval.

Because this proposal is permissive fiscal impact of section 67.585 is considered to be zero.

Oversight will show in the fiscal analysis section of this fiscal note the results of a voter approved sales tax in Jefferson County for the benefit of the County’s Public Health Center.

Oversight has no way of knowing if the voters would approve the imposition of a sales tax that could not exceed one-half of one percent. Oversight has no way of determining the rate of sales tax that would be approved by the voters.

This proposal provides for a property tax reduction in the levy that operates the Public Health Center in an amount sufficient to decrease the total property taxes it would collect. Oversight has no way of determining the amount of property tax reduction that would be provided, nor can Oversight determine the amount of revenue that would be generated by the sales tax.

Oversight will show all amounts as either $0 if the voters were not to approve the imposition of a sales tax, or a positive or negative unknown.

For purposes of this fiscal note Oversight will show the annual balance to the Jefferson County Public Health Center Improvement Sales Tax Fund as an annual zero balance.

ASSUMPTION (continued)

Section 190.056 - Recall of Ambulance District Board of Director Members:

Officials of the Office of Secretary of State - Elections Division assume no fiscal impact to their office.

Officials of the Department of Health and Senior Services assume no fiscal impact.

Officials of the Platte County Board of Elections Commission assume fiscal impact would depend on the number of petitions filed to their board. Impact would be administrative reviewing recall petitions. Officials assume little or no fiscal impact.

Officials of the Taney County Ambulance District assume insignificant or no fiscal impact.

Oversight assumes this proposal could have fiscal impact to ambulance districts if one would have a board member recalled and an election were held to remove and if the member is removed to replace the member recalled. The amount of costs would be unknown and would depend upon the size of the district, how many other political subdivisions are holding an election at the same time and other variables.

Oversight will show fiscal impact to ambulance districts unknown costs for an election. Many districts may never have a recall election due to the narrow time frame within which a member could be recalled.

Section 190.335.12 - Christian County Emergency Services:

Officials of the Nixa Fire Protection District assume this proposal would unify Christian County under one 911 emergency system. Officials stated that there is the Nixa 911 system and the Christian County 911 system. Officials stated that this proposal if adopted would allow for a sales tax to be adopted, which under their present system of donating funds for operation of emergency services, would save the fire district at least $85,000 or more annually. Officials stated that under this proposal. The County Commission appoints the initial board which would have seven members, of which at least one member would be the head of any one of the county’s fire protection districts, one would be the head of the county’s ambulance district, one would be the County Sheriff, one would be the head of anyone of the county’s police departments, and the head of any of the county’s emergency management organizations.

ASSUMPTION (continued)

These members would automatically be the board regardless of who holds the position listed. Under the current system the board would be elected from various areas of the county. Officials assume this would save some cost of holding elections for board members.

Oversight assumes no state fiscal impact.

Oversight assumes this proposal allows for an alternative way of establishing a 911 emergency services system. This proposal as written does not require a sales tax to be established for operation of the system, however, it does allow the people of Christian County to vote for a sales tax for the operation of the system. Based on statements from the Nixa Fire Protection District officials this proposal would provides savings to their district but only if the sales tax would be adopted by the voters. Oversight assumes because it is not known if the voters of Christian County will adopt the imposition of a sales tax, Oversight assumes current law provides for a sales tax.

Oversight will show savings due to the elimination of board member elections if this proposal were adopted. Current law provides that once the initial board has been appointed by the County Commission, the appointment would be good for a length of time, then elections would be required.

Section 321.015 - Public Employees and Fire Protection District Director:

Oversight assumes this is a change in who is allowed to hold the office of Director of Fire Protection Districts. Oversight assumes no fiscal impact.

Section 321.200 - Powers of Fire Protection District Boards:

Oversight assumes this section is enabling by allowing Fire Protection District Board Members to delegate certain powers and duties to their Fire Chief. Oversight assumes this section would have no fiscal impact.

* Based on statements from the Nixa Fire Protection District, there could be additional fiscal impact, however, a sales tax would have to be approved by the voters. Oversight is not able to determine if a sales tax would be adopted.

** Section 67.585 allows the voters to approve a sales tax for the county’s Public Health Center and for public health programs. This bill requires the Public Health Center’s Board of Trustees to reduce the total property tax levy in an amount sufficient to decrease the total property taxes it will collect. The reduction must be one of the following: Fifty Percent, Sixty Percent, Seventy Percent, Eighty Percent, Ninety Percent, or One Hundred Percent.

FISCAL IMPACT - Small Business

Oversight assumes if a 911 emergency services sales tax were adopted by the voters of Christian County, small business would be expected to collect, disburse, account for, and pay the sales tax. Current law provides for a voter approved sales tax. (Section 190.335)

Oversight assumes if the Jefferson County Public Health Center Board of Trustees were to obtain voter approval to levy a sales tax for public health purposes, small businesses would receive a property tax reduction, and would have to collect, pay, and administer the sales tax.

FISCAL DESCRIPTION

Section 67.585 of this bill authorizes Jefferson County, upon voter approval, to impose by order or resolution a retail sales tax of up to .5% for funding the public health and safety projects and programs of the County Public Health Center. The tax can only be imposed in conjunction with a property tax reduction for each year in which the sales tax is imposed. The sales tax revenue must be deposited into the newly created County Public Health Center Improvement Sales Tax Fund to be used solely for the specified purposes, except that 1% will be deposited into the General Revenue Fund for the cost of collection. A formula is provided for reductions in the property tax levy.

Section 190.056 of this act, allows each member of an ambulance district board of directors to be subject to recall from office by the registered voters of the election district from which he or she was elected. Proceedings for the recall are commenced by the filing of a notice of intention to circulate a recall petition.

The notice must be served personally, or by certified mail, on the board member and filed with the election authority. A separate notice is needed for each member sought to be recalled and must contain information explaining the reason for the recall. It must list at least one but not more than five proponents of the recall.

Within seven days, the board member may file a statement answering the statement of the proponents. The answer must be served on at least one proponent. The statement and answer are for the voters' informational purposes only.

A member cannot be recalled if he or she: 1) has not held office during the current term for more than 180 days; 2) has 180 days or less remaining on his or her current term; or 3) has had a recall election determined in his or her favor within the current term.

FISCAL DESCRIPTION (continued)

The person circulating the petition must sign an affidavit verifying certain information. A recall petition must be filed with the election authority not more than 180 days after the filing of the notice of intention. The number of signatures needed shall equal at least 25% of the number of voters who voted in the most recent gubernatorial election in the election district.

The election authority has twenty days from the date of filing the petition to determine if enough voters signed the petition. It must file a certificate showing whether there are enough signatures. If the election authority certifies the petition does not have enough signatures, it may be supplemented within ten days of the date of certificate. The election authority must then certify the supplemented petition. If it is insufficient, no further action shall be taken.

If the petition is sufficient, the election authority shall submit its certificate to the board of directors and order an election within a certain amount of time. Nominations for board membership openings shall be made by filing a statement of candidacy with the election authority.

Any time prior to forty-two days before the election, the member sought to be recalled may offer his or her resignation and the recall question shall be removed from the ballot and the office declared vacant.

Section 190.335.12 of this bill requires Christian County, upon voter approval of a county sales tax for central dispatching of emergency services, to appoint a seven-member board including the heads of any of the county's fire protection districts, any of the county's ambulance districts, any of the police departments in the county, any of the county's emergency management organizations, and the County Sheriff, or their respective designee, to administer the funds and oversee the provision of emergency services.

This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.

SOURCES OF INFORMATION

Office of the Secretary of State - Elections Division

Department of Health and Senior Services

Department of Public Safety - Fire Safety

SOURCES OF INFORMATION (continued)

Nixa Fire Protection District

City of Springfield Police Department

Platte County Elections Commission

Taney County Ambulance District

NOT RESPONDING

Department of Revenue

Jefferson County Clerk

Jefferson County Health Depatment

Christian County Commission

Boone County Sheriff

Greene County Sheriff

Clark County Sheriff

St. Louis County Fire and Rescue

Valle Ambulance District

St. Charles County Ambulance District

Ozark Fire Protection District

Sparta Fire Protection District

                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                April 14, 2008