COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.:         4785-01

Bill No.:          HB 1936

Subject:           Ambulance Districts: Board Members, Recall Elections

Type:              Original

Date:               March 4, 2008

Bill Summary:            Allows members of an ambulance district board of directors to be subject to recall from office.

FISCAL SUMMARY

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 6 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 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.

FISCAL IMPACT - Small Business

No direct fiscal impact to small businesses would be expected as a result of this proposal.

FISCAL DESCRIPTION

Under this act, each member of an ambulance district board of directors shall 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.

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.

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

Department of Health and Senior Services

Platte County Board of Elections Commission

Taney County Ambulance District

NOT RESPONDING

St. Louis City Board of Election

Kansas City Board of Election

Clay County Board of Election Commission

NOT RESPONDING (continued)

St. Louis County Board of Election Commission

Jackson County Board of Election Commission

Butler County Clerk

Callaway County Clerk

Camden County Clerk

Cape Girardeau County Clerk

Carroll County Clerk

Johnson County Clerk

Laclede County Clerk

Lincoln County Clerk

Marion County Clerk

Pemiscot County Clerk

St. Charles County Ambulance District

Valley Ambulance District

                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                March 4, 2008