205.968.  Facilities authorized — persons to be served, limitations, definitions. — 

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 board of directors shall be a legal entity empowered to establish and/or operate a sheltered workshop as defined in section 178.900, residence facilities, or related services, for the care or employment, or both, of persons with a disability.  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 purposes 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 for the purposes of sections 70.600 to 70.755.

2.  Services may only be provided for those persons defined as persons with a disability in section 178.900 and those persons defined as persons with a disability in this section whether or not employed at the facility or in the community, and for persons who are disabled due to developmental disability.  Persons having substantial functional limitations due to a mental illness as defined in section 630.005 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 board, and the appropriateness and efficiency of combining services to persons with various types of 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 intellectual disability, 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 intellectually disabled persons; and

  a.  Which originated before age eighteen; and

  b.  Which can be expected to continue indefinitely;

  (b)  A developmental disability as defined in section 630.005;

  (2)  "Person with a disability" shall mean a person who is lower-range educable or upper-range trainable intellectually disabled or a person who has a developmental disability.

9. Vacancies in the board occasioned by removals, resignations or otherwise shall be reported by the board chairman to the mayor's office of a city not within a county or the county commission or county executive officer 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 within the third degree by blood or by marriage to any member of the board.

(L. 1969 S.B. 40 § 3, A.L. 1975 H.B. 240, A.L. 1977 S.B. 359, A.L. 1979 H.B. 797, A.L. 1984 H.B. 1385, A.L. 1993 S.B. 366)

Tax levy, approval, use. 205.971 RSMo

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  or  other  governing  body  of  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 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.

(L. 1969 S.B. 40 § 4, A.L. 1975 H.B. 240, A.L. 1990 H.B. 1383, A.L. 1992 S.B. 630, A.L. 1993 S.B. 366)

Maximum tax‐‐ballot form. 205.972 RSMo

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 form 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 a tax of .... (insert exact amount to be voted upon) cents per each one hundred dollars assessed valuation therefor?

YES NO

(L. 1969 S.B. 40 § 5, A.L. 1972 S.B. 449, A.L. 1975 H.B. 240, A.L. 1978 H.B. 971, A.L. 1990 H.B. 1383, A.L. 1992 S.B. 630, A.L. 1993 S.B. 366)