Missouri Revised Statues
County Health & Welfare Programs
Aug. 28, 1999
- 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 boards of directors shall be a legal entity empowered to
establish and/or operate a sheltered workshop as defined in
section 178.900, RSMo, residence facilities, or related services,
for the care or employment, or both, of handicapped persons.
The facility may operate 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 purpose for which it is created, and 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.
- 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 wither 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 the provisions of sections 205.968 to 205.972
except that those persons may participate in services under
the provisions of sections 205.968 to 205.972. All persons otherwise
eligible for facilities or services under this section shall
be eligible regardless of their age; except that, individuals
employed in sheltered workshops must be at least sixteen years
of age. The board may, in its discretion, impose limitations
with respect to individuals to be served and services to be
provided. Such limitations shall be reasonable in the light
of available funds, needs of the persons and community to be
served as assessed by the boards, and the appropriateness and
efficiency of combining services to persons with various types
of handicaps or disabilities.
- For the purposes of sections 205.968 to 205.972, the term:
- "Developmental disability" shall mean 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 development disability as defined in section 630.005, RSMo;
- "Handicapped person" shall mean a person who is lower range educable or upper range trainable mentally retarded or a person who has a developmental disability
- "Developmental disability" shall mean either or both paragraph (a) or (b) of this subsection:
Sheltered workshop program rules and regulations-board may provide residences or social centers. 205.969
- The board may provide a sheltered workshop program for the
county or city not within a county and as part of the program
shall conduct work and developmental programs as provided by
section 178.910, RSMo, pursuant to rules and standards developed
and adopted by the department of elementary and secondary education.
- The board may provide places of residence and related activity or social centers for those eligible persons.
Board of directors, appointment, qualifications, terms, officers, powers and duties- vacancies and removal from office, procedure. 205.970
- 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. 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 the 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.
- The administrative control and management of the facility
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
from funds made available for this purpose.
- 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
- 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 a amount to be determined and in a form to be approved by
the board, for the faithful performance of his duties and faithfully
accounting of all moneys that may come into his hands. The treasurer
shall enter into the surety bond with s surety company authorized
to do business in Missouri, and the cost of such bond shall
be paid by the board of directors.
- The board shall set rules for admission to the facility, and
shall do all other things necessary to carry out the purposes
of sections 205.968 to 205.972.
- 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.
- The board may accept any gift of property or money for the
use and benefit of the facility, and the board is authorized
to sell or exchange any such property which it believes would
be to the benefit of the facility so long as the proceeds are
used exclusively for facility purposes. 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 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 except those paid
for transportation purposes under the provisions of section94.645,
- 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:
- Failure to attend five consecutive meetings, without good cause;
- Conduct prejudicial to the good order and efficient operation of the facility or services; or
- 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.
- Vacancies in the board occasioned by removals, resignations
or otherwise shall be reported by the board occasioned by removals,
resignations or otherwise shall be reported by the board chairman
to the mayor’s office 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.
- 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.
- No person shall be employed by the board who is related with the third degree by blood or by marriage to any member of the board.
Tax levy, approval, use. 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 related services. The county commission nor other governing body of 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 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.
Maximum tax-ballot form. 205.972.
- The tax may not be levied to exceed forty cents per each one
hundred dollars assessed valuation therefor except for 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 from of government
with a population of at least nine hundred thousand inhabitants
voting thereon shall not levy a tax to exceed twenty cents per
each one hundred dollars assessed valuation therefor.
- The question shall be submitted in substantially the following
Shall …. (name of county or city not within a county establish, improve, (and)(or) maintain a sheltered workshop (and)(or) residence facility (and)(or) related services for developmentally disabled and handicapped persons, and for which the county or city shall levy tax of …. (insert exact amount to be voted upon) cents per each one hundred dollars assessed valuation therefor? YES/NO