Senate Bill 40

Missouri Revised Statues
Chapter 205
County Health & Welfare Programs
Section 205.968
Aug. 28, 1999

Facilities authorized-persons to be served,
limitations, definitions.
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 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.
     
  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 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.
       
  3. For the purposes of sections 205.968 to 205.972, the term:
    1. "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;
    2. "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

 

Sheltered workshop program rules and regulations-board
may provide residences or social centers. 205.969

  1. 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.
       
  2. 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

  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. 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.
     
  2. 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.
     
  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 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.
     
  5. 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.
     
  6. 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. 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,
    RSMo.
     
  8. 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. 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.
     
  10. 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. 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.

  1. 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.
     
  2. The question shall be submitted in substantially the following
    form:
    OFFICIAL BALLOT
    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

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