Missouri 2022 Regular Session

Missouri House Bill HB1541 Compare Versions

OldNewDifferences
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2-EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3-and is intended to be omitted in the law.
41 SECONDREGULARSESSION
5-SENATE COMMITTEE SUBSTITUTE FOR
2+[PERFECTED]
63 HOUSEBILLNO.1541
74 101STGENERALASSEMBLY
8-3146S.03C ADRIANE D. CROUSE, Secretary
5+INTRODUCEDBYREPRESENTATIVEMCGIRL.
6+3146H.01P DANARADEMANMILLER,ChiefClerk
97 ANACT
10-To repeal sections 50.327, 50.800, 50.810, 50.815, 50.820, 58.095, 58.200, 70.631, 105.145,
11-233.095, and 473.742, RSMo, and to enact in lieu thereof nine new sections relating to
12-finances of political subdivisions, with penalty provisions.
13-
8+Torepealsection233.095,RSMo,andtoenactinlieuthereofonenewsectionrelatingto
9+specialroaddistricts.
1410 BeitenactedbytheGeneralAssemblyofthestateofMissouri,asfollows:
15- Section A. Sections 50.327, 50.8 00, 50.810, 50.815, 1
16-50.820, 58.095, 58.200, 70.631, 105.145, 233.095, and 473.742, 2
17-RSMo, are repealed and nine new sections enacted in lieu 3
18-thereof, to be known as sections 50.327, 50.815, 50.820, 58.095, 4
19-58.200, 70.631, 105.145, 233.095, and 473.742, to r ead as 5
20-follows:6
21- 50.327. 1. Notwithstanding any other provisions of 1
22-law to the contrary, the salary schedules contained in 2
23-sections 49.082, 50.334, 50.343, 51.281, 51.282, 52.269, 3
24-53.082, 53.083, 54.261, 54.320, 55.091, 56.265, 58.095, and 4
25-473.742 shall be set as a base schedule for those county 5
26-officials. Except when it is necessary to increase newly 6
27-elected or reelected county officials' salaries, in 7
28-accordance with Section 13, Article VII, Constitution of 8
29-Missouri, to comply with the req uirements of this section, 9
30-the salary commission in all counties except charter 10
31-counties in this state shall be responsible for the 11
32-computation of salaries of all county officials; provided, 12 SCS HB 1541 2
33-however, that any percentage salary adjustments in a county 13
34-shall be equal for all such officials in that county. 14
35- 2. Upon majority approval of the salary commission, 15
36-the annual compensation of part -time prosecutors contained 16
37-in section 56.265 and the county offices contained in 17
38-sections 49.082, 50.334, 50. 343, 51.281, 51.282, 52.269, 18
39-53.082, 53.083, 54.261, 54.320, 55.091, 58.095, and 473.742 19
40-may be increased by up to two thousand dollars greater than 20
41-the compensation provided by the salary schedules; provided, 21
42-however, that any vote to increase compens ation be effective 22
43-for all county offices in that county subject to the salary 23
44-commission. 24
45- 3. Upon the majority approval of the salary 25
46-commission, the annual compensation of a county coroner of 26
47-any county [of the second classification ] not having a 27
48-charter form of government as provided in section 58.095 may 28
49-be increased up to fourteen thousand dollars greater than 29
50-the compensation provided by the salary schedule of such 30
51-section. 31
52- 4. The salary commission of any county of the third 32
53-classification may amend the base schedules for the 33
54-computation of salaries for county officials referenced in 34
55-subsection 1 of this section to include assessed valuation 35
56-factors in excess of three hundred million dollars; provided 36
57-that the percentage of any adjustments in assessed valuation 37
58-factors shall be equal for all such officials in that county. 38
59- 50.815. 1. On or before [the first Monday in March ] 1
60-June thirtieth of each year, the county commission of each 2
61-county of the first [class not having a charter form of 3
62-government], second, third, or fourth classification shall, 4
63-with the assistance of the county clerk or other officer 5
64-responsible for the preparation of the financial statement , 6 SCS HB 1541 3
65-prepare and publish in some newspaper of ge neral circulation 7
66-published in the county , as provided under section 493.050, 8
67-a financial statement of the county for the year ending the 9
68-preceding December thirty -first. 10
69- 2. The financial statement shall show at least the 11
70-following: 12
71- (1) A summary of the receipts of each fund of the 13
72-county for the year; 14
73- (2) A summary of the disbursements and transfers of 15
74-each fund of the county for the year; 16
75- (3) A statement of the cash balance at the beginning 17
76-and at the end of the year for eac h fund of the county; 18
77- (4) A summary of delinquent taxes and other due bills 19
78-for each fund of the county; 20
79- (5) A summary of warrants of each fund of the county 21
80-outstanding at the end of the year; 22
81- (6) A statement of bonded indebtedness, if any, at the 23
82-beginning and at the end of the year for each fund of the 24
83-county; [and] 25
84- (7) A statement of the tax levies of each fund of the 26
85-county for the year; and 27
86- (8) The name, office, and current gross annual salary 28
87-of each elected or app ointed county official . 29
88- 3. The financial statement need not show specific 30
89-disbursements, warrants issued, or the names of specific 31
90-payees except to comply with subdivision (8) of subsection 2 32
91-of this section, but every individual warrant, voucher, 33
92-receipt, court order and all other items, records, documents 34
93-and other information which are not specifically required to 35
94-be retained by the officer having initial charge thereof 36
95-[and which would be required to be included in or to 37
96-construct a financial statement in the form prescribed for 38 SCS HB 1541 4
97-other counties by section 50.800 ] shall be filed on or 39
98-before the date of publication of the financial statement 40
99-prescribed by subsection 1 of this section in the office of 41
100-the county clerk[, and]. The county clerk or other officer 42
101-responsible for the preparation of the financial statement 43
102-shall preserve the same, shall provide an electronic copy of 44
103-the data used to create the financial statement without 45
104-charge to any newspaper requesting a copy of such data , and 46
105-shall cause the same to be available for inspection during 47
106-normal business hours on the request of any person, for a 48
107-period of five years following the date of filing in his or 49
108-her office, after which five -year period these records may 50
109-be disposed of according to law unless they are the subject 51
110-of a legal suit pending at the expiration of that period. 52
111- 4. At the end of the financial statement, each 53
112-commissioner of the county commission and the county clerk 54
113-shall sign and append the follow ing certificate: 55
114-56
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118-60
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120-62
121-63
122-64
123-65
124-66
125-67
126-68
127-69
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129-71
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131-73
132- We, _________ , _________ , and _________ , duly
133-elected commissioners of the county commission of
134-_________ County, Missouri, and I, _________ _________
135-, county clerk of that county, certify that the above
136-and foregoing is a complete and correct stateme nt of
137-every item of information required in section 50.815
138-for the year ending December 31, [19] 20_________ , and
139-we have checked every receipt from every source and
140-every disbursement of every kind and to whom and for
141-what each disbursement was made, and each receipt and
142-disbursement is accurately included in the above and
143-foregoing totals. (If for any reason complete and
144-accurate information is not given the following shall
145-be added to the certificate.) Exceptions: the above
146-report is incomplete because proper information was not
147-available in the following records _________ which are
148-in the keeping of the following officer or officers
149-_________ .
150- SCS HB 1541 5
151- 5. Any person falsely certifying to any fact covered 81
152-by the certificate is liable on his or her bond and is 82
153-guilty of a misdemeanor and, on conviction thereof, shall be 83
154-punished by a fine of not less than two hundred dollars or 84
155-more than one thousand dollars, or by confinement in the 85
156-county jail for a period of not less than thirty days nor 86
157-more than six months , or by both such fine and confinement. 87
158-Any person charged with preparing the financial report who 88
159-willfully or knowingly makes a false report of any record 89
160-is, in addition to the penalties otherwise provided for in 90
161-this section, guilty of a felony, a nd upon conviction 91
162-thereof shall be sentenced to imprisonment by the division 92
163-of corrections for a term of not less than two years nor 93
164-more than five years. 94
165- [6. The provisions of sections 50.800 and 50.810 do 95
166-not apply to counties of the first cl ass not having a 96
167-charter form of government, except as provided in subsection 97
168-3 of this section.] 98
169- 50.820. 1. The statement required by section 50.815 1
170-shall be set in the standard column width measure which will 2
171-take the least space and the publisher shall file two proofs 3
172-of publication with the county commission and the commission 4
173-shall forward one proof to the state auditor and shall file 5
174-74 Date _________
175-75 __________________
176-76 __________________
177-77 __________________
178-78 Commissioners, County Commission
179-79 __________________
180-80 County Clerk SCS HB 1541 6
181-the other in the office of the commission. As required 6
182-under section 493.025, a newspap er publishing the statement 7
183-shall charge and receive no more than its regular local 8
184-classified advertising rate, which shall be the rate on the 9
185-newspaper's rate schedule that was offered to the public 10
186-thirty days before the publication of the statement . The 11
187-county commission shall [not] pay the publisher [until] upon 12
188-the filing of proof of publication [is filed] with the 13
189-commission [and]. After verification, the state auditor 14
190-[notifies] shall notify the commission that proof of 15
191-publication has been received and that it complies with the 16
192-requirements of this section. 17
193- 2. The statement shall be spread on the record of the 18
194-commission and for this purpose the publisher shall be 19
195-required to furnish the commission with at least two copies 20
196-of the statement which may be [pasted on] placed in the 21
197-record. 22
198- 3. The state auditor shall notify the county treasurer 23
199-immediately of the receipt of the proof of publication of 24
200-the statement. After the first day of [April] July of each 25
201-year the county treasurer shall not pay or enter for protest 26
202-any warrant for the pay of any of the county commission 27
203-until notice is received from the state auditor that the 28
204-required proof of publication has been filed. [Any county 29
205-treasurer paying or entering for protest any warrant for any 30
206-commissioner of the county commission prior to the receipt 31
207-of such notice from the state auditor shall be liable 32
208-therefor on his official bond. ] 33
209- 4. The state auditor shall prepare sample forms for 34
210-financial statements required by section 50.815 and shall 35
211-[mail] provide the same to the county clerk of each county 36
212-of the first [class not having a charter form of 37 SCS HB 1541 7
213-government], second, third, or fourth classification in this 38
214-state, but failure of the auditor to supply su ch forms shall 39
215-not in any way excuse any person from the performance of any 40
216-duty imposed by this section or by section 50.815. If any 41
217-county officer fails, neglects, or refuses to comply with 42
218-the provisions of this section or section 50.815 [he], the 43
219-county officer shall, in addition to other penalties 44
220-provided by law, be liable on his or her official bond for 45
221-dereliction of duty. 46
222- 58.095. 1. The county coroner in any county not 1
223-having a charter form of government shall receive an annual 2
224-salary computed on a basis as set forth in the following 3
225-schedule as well as any adjustment authorized under 4
226-subsection 3 of section 50.327 . The provisions of this 5
227-section shall not permit or require a reduction in the 6
228-amount of compensatio n being paid for the office of coroner 7
229-on January 1, 1997: 8
230-9 Assessed Valuation Salary
231-10 $18,000,000 to 40,999,999 $8,000
232-11 41,000,000 to 53,999,999 8,500
233-12 54,000,000 to 65,999,999 9,000
234-13 66,000,000 to 85,999,999 9,500
235-14 86,000,000 to 99,999,999 10,000
236-15 100,000,000 to 130,999,999 11,000
237-16 131,000,000 to 159,999,999 12,000
238-17 160,000,000 to 189,999,999 13,000
239-18 190,000,000 to 249,999,999 14,000 SCS HB 1541 8
240- 2. One thousand dollars of the salary authorized in 21
241-this section shall be payable to the coroner only if the 22
242-coroner has completed at least twenty hours o f classroom 23
243-instruction each calendar year as established by the coroner 24
244-standards and training commission unless exempted from the 25
245-training by the Missouri Coroners' and Medical Examiners' 26
246-Association for good cause. The Missouri Coroners' and 27
247-Medical Examiners' Association shall provide a certificate 28
248-of completion to each coroner who completes the training 29
249-program and shall send a list of certified coroners to the 30
250-treasurer of each county and the department of health and 31
251-senior services. The coroner standards and training 32
252-commission may certify training programs that satisfy the 33
253-requirements of this section in lieu of the training 34
254-provided by the Missouri Coroners' and Medical Examiners' 35
255-Association. Certified training completion shall be 36
256-submitted to the Missouri Coroners' and Medical Examiners' 37
257-Association which, upon validating the certified training, 38
258-shall submit the individual's name to the county treasurer 39
259-and department of health and senior services indicating the 40
260-individual is compliant with the training requirements. 41
261-Expenses incurred for attending the training session may be 42
262-reimbursed to the county coroner in the same manner as other 43
263-expenses as may be appropriated for that purpose. All 44
264-elected or appointed coroners, dep uty coroners, and 45
265-assistants to the coroner shall complete the annual training 46
266-described in this subsection within six months of election 47
267-or appointment. 48
268-19 250,000,000 to 299,999,999 15,000
269-20 300,000,000 or more 16,000 SCS HB 1541 9
270- 3. The county coroner in any county not having a 49
271-charter form of government shall not, excep t upon two-thirds 50
272-vote of all the members of the salary commission, receive an 51
273-annual compensation in an amount less than the total 52
274-compensation being received for the office of county coroner 53
275-in the particular county for services rendered or performed 54
276-on the date the salary commission votes. 55
277- 4. For the term beginning in 1997, the compensation of 56
278-the coroner, in counties in which the salary commission has 57
279-not voted to pay one hundred percent of the maximum 58
280-allowable salary, shall be a percenta ge of the maximum 59
281-allowable salary established by this section. The 60
282-percentage applied shall be the same percentage of the 61
283-maximum allowable salary received or allowed, whichever is 62
284-greater, to the presiding commissioner or sheriff, whichever 63
285-is greater, of that county for the year beginning January 1, 64
286-1997. In those counties in which the salary commission has 65
287-voted to pay one hundred percent of the maximum allowable 66
288-salary, the compensation of the coroner shall be based on 67
289-the maximum allowable salary in effect at each time a 68
290-coroner's term of office commences following the vote to pay 69
291-one hundred percent of the maximum allowable compensation. 70
292-Subsequent compensation shall be determined as provided in 71
293-section 50.333. 72
294- 5. Effective January 1, 1997, the county coroner in 73
295-any county not having a charter form of government may, upon 74
296-the approval of the county commission, receive additional 75
297-compensation for any month during which investigations or 76
298-other services are performed for three or more decedents in 77
299-the same incident during such month. The additional 78
300-compensation shall be an amount that when added to the 79 SCS HB 1541 10
301-regular compensation the sum shall equal the monthly 80
302-compensation of the county sheriff. 81
303- 58.200. When the office of sheriff shall be vacant, by 1
304-death or otherwise, the coroner of the county is authorized 2
305-to perform all the duties which are by law required to be 3
306-performed by the sheriff, until another sheriff for such 4
307-county shall be appointed and qualif ied[,] and such coroner 5
308-shall have notice thereof [, and]. In such case, said 6
309-coroner may appoint one or more deputies, with the 7
310-approbation of the judge of the circuit court [;], and every 8
311-such appointment, with the oath of office endorsed thereon, 9
312-shall be filed in the office of the clerk of the circuit 10
313-court of the county. If the coroner becomes the acting 11
314-sheriff and the sheriff is no longer receiving the sheriff's 12
315-salary, the coroner may be paid, in addition to the 13
316-coroner's salary, the differ ence between the salaries of 14
317-sheriff and coroner so that the coroner receives the 15
318-equivalent of the sheriff's salary while serving as acting 16
319-sheriff. 17
320- 70.631. 1. Each political subdivision may, by 1
321-majority vote of its governing body , elect to cover 2
322-emergency telecommunicators, jailors, and emergency medical 3
323-service personnel as public safety personnel members of the 4
324-system. The clerk or secretary of the political subdivision 5
325-shall certify an election concerning the coverage of 6
326-emergency telecommunicators, jailors, and emergency medical 7
327-service personnel as public safety personnel members of the 8
328-system to the board within ten days after such vote. The 9
329-date in which the political subdivision's election becomes 10
330-effective shall be the first day of the calendar month 11
331-specified by such governing body, the first day of the 12
332-calendar month next following receipt by the board of the 13 SCS HB 1541 11
333-certification of the election, or the effective date of the 14
334-political subdivision's becoming an emp loyer, whichever is 15
335-the latest date. Such election shall not be changed after 16
336-the effective date. If the election is made, the coverage 17
337-provisions shall be applicable to all past and future 18
338-employment with the employer by present and future 19
339-employees. If a political subdivision makes no election 20
340-under this section, no emergency telecommunicator, jailor, 21
341-or emergency medical service personnel of the political 22
342-subdivision shall be considered public safety personnel for 23
343-purposes determining a minim um service retirement age as 24
344-defined in section 70.600. 25
345- 2. If an employer elects to cover emergency 26
346-telecommunicators, jailors, and emergency medical service 27
347-personnel as public safety personnel members of the system, 28
348-the employer's contributions shall be correspondingly 29
349-changed effective the same date as the effective date of the 30
350-political subdivision's election. 31
351- 3. The limitation on increases in an employer's 32
352-contributions provided by subsection 6 of section 70.730 33
353-shall not apply to a ny contribution increase resulting from 34
354-an employer making an election under the provisions of this 35
355-section. 36
356- [4. The provisions of this section shall only apply to 37
357-counties of the third classification and any county of the 38
358-first classification wi th more than seventy thousand but 39
359-fewer than eighty-three thousand inhabitants and with a city 40
360-of the fourth classification with more than thirteen 41
361-thousand five hundred but fewer than sixteen thousand 42
362-inhabitants as the county seat, and any political 43
363-subdivisions located, in whole or in part, within such 44
364-counties.] 45 SCS HB 1541 12
365- 105.145. 1. The following definitions shall be 1
366-applied to the terms used in this section: 2
367- (1) "Governing body", the board, body, or persons in 3
368-which the powers of a political subdivision as a body 4
369-corporate, or otherwise, are vested; 5
370- (2) "Political subdivision", any agency or unit of 6
371-this state, except counties and school districts, which now 7
372-is, or hereafter shall be, authorized to levy taxes or 8
373-empowered to cause taxes to be levied. 9
374- 2. The governing body of each political subdivision in 10
375-the state shall cause to be prepared an annual report of the 11
376-financial transactions of the political subdivision in such 12
377-summary form as the state auditor sha ll prescribe by rule, 13
378-except that the annual report of political subdivisions 14
379-whose cash receipts for the reporting period are ten 15
380-thousand dollars or less shall only be required to contain 16
381-the cash balance at the beginning of the reporting period, a 17
382-summary of cash receipts, a summary of cash disbursements 18
383-and the cash balance at the end of the reporting period. 19
384- 3. Within such time following the end of the fiscal 20
385-year as the state auditor shall prescribe by rule, the 21
386-governing body of each po litical subdivision shall cause a 22
387-copy of the annual financial report to be remitted to the 23
388-state auditor. 24
389- 4. The state auditor shall immediately on receipt of 25
390-each financial report acknowledge the receipt of the report. 26
391- 5. In any fiscal year no member of the governing body 27
392-of any political subdivision of the state shall receive any 28
393-compensation or payment of expenses after the end of the 29
394-time within which the financial statement of the political 30
395-subdivision is required to be filed with t he state auditor 31
396-and until such time as the notice from the state auditor of 32 SCS HB 1541 13
397-the filing of the annual financial report for the fiscal 33
398-year has been received. 34
399- 6. The state auditor shall prepare sample forms for 35
400-financial reports and shall mail the same to the political 36
401-subdivisions of the state. Failure of the auditor to supply 37
402-such forms shall not in any way excuse any person from the 38
403-performance of any duty imposed by this section. 39
404- 7. All reports or financial statements hereinabove 40
405-mentioned shall be considered to be public records. 41
406- 8. The provisions of this section apply to the board 42
407-of directors of every transportation development district 43
408-organized under sections 238.200 to 238.275. 44
409- 9. Any political subdivision that fai ls to timely 45
410-submit a copy of the annual financial statement to the state 46
411-auditor shall be subject to a fine of five hundred dollars 47
412-per day. 48
413- 10. The state auditor shall report any violation of 49
414-subsection 9 of this section to the department of re venue. 50
415-Upon notification from the state auditor's office that a 51
416-political subdivision failed to timely submit a copy of the 52
417-annual financial statement, the department of revenue shall 53
418-notify such political subdivision by certified mail that the 54
419-statement has not been received. Such notice shall clearly 55
420-set forth the following: 56
421- (1) The name of the political subdivision; 57
422- (2) That the political subdivision shall be subject to 58
423-a fine of five hundred dollars per day if the political 59
424-subdivision does not submit a copy of the annual financial 60
425-statement to the state auditor's office within thirty days 61
426-from the postmarked date stamped on the certified mail 62
427-envelope; 63 SCS HB 1541 14
428- (3) That the fine will be enforced and collected as 64
429-provided under subsection 11 of this section; and 65
430- (4) That the fine will begin accruing on the thirty - 66
431-first day from the postmarked date stamped on the certified 67
432-mail envelope and will continue to accrue until the state 68
433-auditor's office receives a copy of the finan cial statement. 69
434-In the event a copy of the annual financial statement is 70
435-received within such thirty -day period, no fine shall accrue 71
436-or be imposed. The state auditor shall report receipt of 72
437-the financial statement to the department of revenue within 73
438-ten business days. Failure of the political subdivision to 74
439-submit the required annual financial statement within such 75
440-thirty-day period shall cause the fine to be collected as 76
441-provided under subsection 11 of this section. 77
442- 11. The department of re venue may collect the fine 78
443-authorized under the provisions of subsection 9 of this 79
444-section by offsetting any sales or use tax distributions due 80
445-to the political subdivision. The director of revenue shall 81
446-retain two percent for the cost of such collect ion. The 82
447-remaining revenues collected from such violations shall be 83
448-distributed annually to the schools of the county in the 84
449-same manner that proceeds for all penalties, forfeitures, 85
450-and fines collected for any breach of the penal laws of the 86
451-state are distributed. 87
452- 12. Any [transportation development district organized 88
453-under sections 238.200 to 238.275 having ] political 89
454-subdivision that has gross revenues of less than five 90
455-thousand dollars or that has not levied or collected sales 91
456-or use taxes in the fiscal year for which the annual 92
457-financial statement was not timely filed shall not be 93
458-subject to the fine authorized in this section. 94 SCS HB 1541 15
459- 13. If a failure to timely submit the annual financial 95
460-statement is the result of fraud or other illeg al conduct by 96
461-an employee or officer of the political subdivision, the 97
462-political subdivision shall not be subject to a fine 98
463-authorized under this section if the statement is filed 99
464-within thirty days of the discovery of the fraud or illegal 100
465-conduct. If a fine is assessed and paid prior to the filing 101
466-of the statement, the department of revenue shall refund the 102
467-fine upon notification from the political subdivision. 103
468- 14. If a political subdivision has an outstanding 104
469-balance for fines or penalties at the time it files its 105
470-first annual financial statement after January 1, 2023, the 106
471-director of revenue shall make a one -time downward 107
472-adjustment to such outstanding balance in an amount that 108
473-reduces the outstanding balance by no less than ninety 109
474-percent. 110
475- 15. The director of revenue shall have the authority 111
476-to make a one-time downward adjustment to any outstanding 112
477-penalty imposed under this section on a political 113
478-subdivision if the director determines the fine is 114
479-uncollectable. The director of revenue may prescribe rules 115
480-and regulations necessary to carry out the provisions of 116
481-this subsection. Any rule or portion of a rule, as that 117
482-term is defined in section 536.010, that is created under 118
483-the authority delegated in this section shall be come 119
484-effective only if it complies with and is subject to all of 120
485-the provisions of chapter 536 and, if applicable, section 121
486-536.028. This section and chapter 536 are nonseverable, and 122
487-if any of the powers vested with the general assembly 123
488-pursuant to chapter 536 to review, to delay the effective 124
489-date, or to disapprove and annul a rule are subsequently 125
490-held unconstitutional, then the grant of rulemaking 126 SCS HB 1541 16
491-authority and any rule proposed or adopted after August 28, 127
492-2022, shall be invalid and void. 128
493- 16. If a political subdivision with an outstanding 129
494-balance for fines or penalties: 130
495- (1) Fails to file an annual financial statement after 131
496-August 28, 2022, and before January 1, 2023; or 132
497- (2) Files an annual financial statement after August 133
498-28, 2022, and before January 1, 2023, but fails to file any 134
499-annual financial statement thereafter, 135
500-then the director of revenue shall initiate the process to 136
501-disincorporate the political subdivision under subsection 18 137
502-of this section. 138
503- 17. If any resident of a political subdivision 139
504-believes or knows that the political subdivision has failed 140
505-to file the annual financial report required under 141
506-subsection 2 of this section, the resident may file an 142
507-affidavit with the director of revenue that attests to the 143
508-alleged failure. The director of revenue shall evaluate the 144
509-allegation and, if true, notify the political subdivision 145
510-that it has thirty days to comply with subsection 2 of this 146
511-section. If the political subdivision has not complied 147
512-after thirty days, the director of revenue shall initiate 148
513-the process to disincorporate the political subdivision 149
514-under subsection 18 of this section. 150
515- 18. (1) The question of whether a political 151
516-subdivision subject to possible disincorporation under 152
517-subsection 16 or 17 of this section shall be disincorporated 153
518-shall be submitted to the voters of the political 154
519-subdivision. The election upon the question shall be held 155
520-on the next general election day. 156 SCS HB 1541 17
521- (2) No later than five p.m. on the tenth Tuesda y prior 157
522-to the election, the director of revenue shall notify the 158
523-election authorities responsible for conducting the election 159
524-according to the provisions of section 115.125 and the 160
525-county governing body in which the political subdivision is 161
526-located. 162
527- (3) The election authority shall give notice of the 163
528-election for eight consecutive weeks prior to the election 164
529-by publication in a newspaper of general circulation 165
530-published in the political subdivision or, if there is no 166
531-such newspaper in the po litical subdivision, in the 167
532-newspaper in the county published nearest the political 168
533-subdivision. 169
534- (4) Any costs of submitting the question shall be paid 170
535-by the political subdivision. 171
536- (5) The question shall be submitted to the voters of 172
537-such city, town, or village in substantially the following 173
538-form: 174
539-Upon the affirmative vote of a majority of the qualified 181
540-voters voting on the question, the director of revenue shall 182
541-file an action to disincorporate the political subdivision 183
542-in the circuit court with jurisdiction over the political 184
543-subdivision. 185
544- 19. In an action to disincorporate a political 186
545-subdivision, the circuit court shall order: 187
546-175
547-176
548-177
549-178
550-179
551- The (city/town/village) of __________ (has an
552-outstanding balance for fines or penalties and)
553-has failed to file an annual financial statement,
554-as required by law. Shall the (city/town/village)
555-of __________ be disincorporated?
556-
557-180 □ YES □ NO SCS HB 1541 18
558- (1) The appointment of an administrative authority for 188
559-the political subdivision, which may be another political 189
560-subdivision, the state, a qualified private party, or other 190
561-qualified entity; 191
562- (2) All financial and other institutions holding funds 192
563-of the political subdivision, as identified by the director 193
564-of revenue, to honor the directives of the administrative 194
565-authority; 195
566- (3) The director of revenue or other party charged 196
567-with distributing tax revenue to distribute the revenues and 197
568-funds of the political subdivision to the administrative 198
569-authority; and 199
570- (4) The disincorporation of the political subdivision 200
571-and the effective date of the disincorporation, taking into 201
572-consideration a reasonable transition period. 202
573-The administrative authority shall administer all revenues 203
574-under the name of the political subdivision or its agents 204
575-and administer all funds collected on be half of the 205
576-political subdivision. The administrative authority shall 206
577-use the revenues and existing funds to pay all debts and 207
578-obligations of the political subdivision other than the 208
579-penalties accrued under this section. The circuit court 209
580-shall have ongoing jurisdiction to enforce its orders and 210
581-carry out the remedies under this subsection. 211
582- 20. The attorney general shall have the authority to 212
583-file an action in a court of competent jurisdiction against 213
584-any political subdivision that fails to comply with this 214
585-section in order to force the political subdivision into 215
586-compliance. 216
587- 233.095. Said board shall have authority to expend 1
588-[not more than one-fourth of] the revenue which may now or 2 SCS HB 1541 19
589-which may hereafter be paid into i ts treasury for the 3
590-purpose of grading and repairing any roads or streets within 4
591-the corporate limits of any city within said special road 5
592-district in conformity with the established grade of said 6
593-roads and streets in said cities and for the purpose of 7
594-constructing and maintaining macadam, gravel, rock or paved 8
595-roads or streets within the corporate limits of any city 9
596-within the said special road district in conformity with the 10
597-established grade of said roads and streets in said city; 11
598-provided, that no part of the revenue of any special road 12
599-district in this state be expended outside of the county in 13
600-which such special road district is situated. 14
601- 473.742. 1. Each public administrator in counties of 1
602-the second, third or fourth c lassification and in the city 2
603-of St. Louis shall make a determination within thirty days 3
604-after taking office whether such public administrator shall 4
605-elect to receive a salary as defined herein or receive fees 5
606-as may be allowed by law to executors, admi nistrators and 6
607-personal representatives. The election by the public 7
608-administrator shall be made in writing to the county clerk. 8
609-Should the public administrator elect to receive a salary, 9
610-the public administrator's office may not then elect to 10
611-change at any future time to receive fees in lieu of 11
612-salary. Every public administrator who begins his or her 12
613-first term on or after January 1, 2023, shall be deemed to 13
614-have elected to receive a salary as provided in this section. 14
615- 2. If a public administrator elects to be placed on 15
616-salary, the salary shall be based upon the average number of 16
617-open letters in the two years preceding the term when the 17
618-salary is elected, based upon the following schedule: 18
619- (1) Zero to five letters: salary shall be a minimum 19
620-of seven thousand five hundred dollars; 20 SCS HB 1541 20
621- (2) Six to fifteen letters: salary shall be a minimum 21
622-of fifteen thousand dollars; 22
623- (3) Sixteen to twenty-five letters: salary shall be a 23
624-minimum of twenty thousand dollars; 24
625- (4) Twenty-six to thirty-nine letters: salary shall 25
626-be a minimum of twenty -five thousand dollars; 26
627- (5) Public administrators with forty or more letters 27
628-shall be considered full -time county officials and shall be 28
629-paid according to the assessed valuation sche dule set forth 29
630-below: 30
631-31 Assessed Valuation Salary
632-32 $ 8,000,000 to 40,999,999 $29,000
633-33 $ 41,000,000 to 53,999,999 $30,000
634-34 $ 54,000,000 to 65,999,999 $32,000
635-35 $ 66,000,000 to 85,999,999 $34,000
636-36 $ 86,000,000 to 99,999,999 $36,000
637-37 $ 100,000,000 to 130,999,999 $38,000
638-38 $ 131,000,000 to 159,999,999 $40,000
639-39 $ 160,000,000 to 189,999,999 $41,000
640-40 $ 190,000,000 to 249,999,999 $41,500
641-41 $ 250,000,000 to 299,999,999 $43,000
642-42 $ 300,000,000 to 449,999,999 $45,000
643-43 $ 450,000,000 to 599,999,999 $47,000
644-44 $ 600,000,000 to 749,999,999 $49,000
645-45 $ 750,000,000 to 899,999,999 $51,000 SCS HB 1541 21
646- (6) The public administrator in the city of St. Louis 50
647-shall receive a salary not less than sixty -five thousand 51
648-dollars; 52
649- (7) Two thousand dollars of the compensation 53
650-authorized in this section shall be payable to the public 54
651-administrator only if he or she has completed at least 55
652-twenty hours of instr uction each calendar year relating to 56
653-the operations of the public administrator's office when 57
654-approved by a professional association of the county public 58
655-administrators of Missouri unless exempted from the training 59
656-by the professional association. The professional 60
657-association approving the program shall provide a 61
658-certificate of completion to each public administrator who 62
659-completes the training program and shall send a list of 63
660-certified public administrators to the treasurer of each 64
661-county. Expenses incurred for attending the training 65
662-session shall be reimbursed to the county public 66
663-administrator in the same manner as other expenses as may be 67
664-appropriated for that purpose. 68
665- 3. If a public administrator is appointed by the court 69
666-as both a guardian and a conservator to the same ward or 70
667-protectee, it shall be considered two letters. 71
668- 4. Notwithstanding subsection 2 or 5 of this section 72
669-to the contrary, upon majority approval by the salary 73
670-commission, a public administrator may be paid according to 74
671-46 $ 900,000,000 to 1,049,999,999 $53,000
672-47 $ 1,050,000,000 to 1,199,999,999 $55,000
673-48 $ 1,200,000,000 to 1,349,999,999 $57,000
674-49 $ 1,350,000,000 and over $59,000 ; SCS HB 1541 22
675-the assessed valuation schedule set forth in subdivision (5) 75
676-of subsection 2 of this section. If the salary commission 76
677-elects to pay a public administrator according to the 77
678-assessed valuation schedule, the salary commission shall not 78
679-elect to change at any future time to pay the public 79
680-administrator's office according to the average number of 80
681-open letters in lieu of paying them according to the 81
682-assessed valuation schedule. 82
683- 5. The initial compensation of the public 83
684-administrator who elects to be put on salary shall be 84
685-determined by the average number of letters for the two 85
686-years preceding the term when the salary is elected. Salary 86
687-increases or decreases according to the minimum schedule set 87
688-forth in [subsection 1 of] this section shall be adjusted 88
689-only after the number of open letters places the workload in 89
690-a different subdivision for two consecutive years. Minimum 90
691-salary increases or decreases shall only take effect upon a 91
692-new term of office of the public administrator . The number 92
693-of letters each year shall be determined in accordance with 93
694-the reporting requirements set forth in law. 94
695- [4.] 6. All fees collected by a public administrator 95
696-who elects to be salaried shall be deposited in the county 96
697-treasury or with the treasurer for the city of St. Louis. 97
698- [5.] 7. Any public administrator in a county of the 98
699-first classification without a charter form of government 99
700-with a population of less than one hundred thousand 100
701-inhabitants who elects to receive fees in lieu of a salary 101
702-pursuant to this section may elect to join the Missouri 102
703-local government employees' retirement system created 103
704-pursuant to sections 70.600 to 70.755. 104
705- 8. (1) A letter of guardianship and a letter of 105
706-conservatorship shall be counte d as separate letters. 106 SCS HB 1541 23
707- (2) For purposes of this subsection: 107
708- (a) "Letter of conservatorship" means the appointment 108
709-of a conservatorship of an estate by the court to a 109
710-protectee adjudged to be disabled; 110
711- (b) "Letter of guardianship" means the appointment of 111
712-a guardianship by the court to a ward adjudged to be 112
713-incapacitated. 113
714- [50.800. 1. On or before the first Monday 1
715-in March of each year, the county commission of 2
716-each county of the second, third, or fourth 3
717-class shall prepare and publish in some 4
718-newspaper as provided for in section 493.050, if 5
719-there is one, and if not by notices posted in at 6
720-least ten places in the county, a detailed 7
721-financial statement of the county for the year 8
722-ending December thirty -first, preceding. 9
723- 2. The statement shall show the bonded 10
724-debt of the county, if any, kind of bonds, date 11
725-of maturity, interest rate, rate of taxation 12
726-levied for interest and sinking fund and 13
727-authority for the levy, the total amount of 14
728-interest and sinking fund that has been 15
729-collected and interest and sinking fund on hand 16
730-in cash. 17
731- 3. The statement shall also show 18
732-separately the total amount of the county and 19
733-township school funds on hand and loaned out, 20
734-the amount of penalties, fines, levies, 21
735-utilities, forfeitures, and any other taxes 22
736-collected and disbursed or expended during the 23
737-year and turned into the permanent school fund, 24
738-the name of each person who has a loan from the 25
739-permanent school fund, whether county or 26
740-township, the amount o f the loan, date loan was 27
741-made and date of maturity, description of the 28
742-security for the loan, amount, if any, of 29
743-delinquent interest on each loan. 30
744- 4. The statement shall show the total 31
745-valuation of the county for purposes of 32
746-taxation, the highest rate of taxation the 33
747-constitution permits the county commission to 34
748-levy for purposes of county revenue, the rate 35
749-levied by the county commission for the year 36
750-covered by the statement, division of the rate 37
751-levied among the several funds and total am ount 38
752-of delinquent taxes for all years as of December 39
753-thirty-first. 40
754- 5. The statement shall show receipts or 41
755-revenues into each and every fund separately. 42
756-Each fund shall show the beginning balance of 43
757-each fund; each source of revenue; the total 44 SCS HB 1541 24
758-amount received from each source of revenue; the 45
759-total amount available in each fund; the total 46
760-amount of disbursements or expenditures from 47
761-each fund and the ending balance of each fund as 48
762-of December thirty-first. The total receipts or 49
763-revenues for the year into all funds shall be 50
764-shown in the recapitulation. In counties with 51
765-the township form of government, each township 52
766-shall be considered a fund pursuant to this 53
767-subsection. 54
768- 6. Total disbursements or expenditures 55
769-shall be shown for w arrants issued in each 56
770-category contained in the forms developed or 57
771-approved by the state auditor pursuant to 58
772-section 50.745. Total amount of warrants, 59
773-person or vendor to whom issued and purpose for 60
774-which issued shall be shown except as herein 61
775-provided. Under a separate heading in each fund 62
776-the statements shall show what warrants are 63
777-outstanding and unpaid for the lack of funds on 64
778-that date with appropriate balance or overdraft 65
779-in each fund as the case may be. 66
780- 7. Warrants issued to pay fo r the service 67
781-of election judges and clerks of elections shall 68
782-be in the following form: 69
783- Names of judges and clerks of elections at 70
784-$______ per day (listing the names run in and 71
785-not listing each name by lines, and at the end 72
786-of the list of names giving the total of the 73
787-amount of all the warrants issued for such 74
788-election services). 75
789- 8. Warrants issued to pay for the service 76
790-of jurors shall be in the following form: 77
791- Names of jurors at $______ per day (listing 78
792-the names run in and not l isting each name by 79
793-lines, and at the end of the list of names 80
794-giving the total of the amount of all the 81
795-warrants issued for such election service). 82
796- 9. Warrants to Internal Revenue Service 83
797-for Social Security and withholding taxes shall 84
798-be brought into one call. 85
799- 10. Warrants to the director of revenue of 86
800-Missouri for withholding taxes shall be brought 87
801-into one call. 88
802- 11. Warrants to the division of employment 89
803-security shall be brought into one call. 90
804- 12. Warrants to Missouri lo cal government 91
805-employees' retirement system or other retirement 92
806-funds for each office shall be brought into one 93
807-call. 94
808- 13. Warrants for utilities such as gas, 95
809-water, lights and power shall be brought into 96
810-one call except that the total shall be s hown 97
811-for each vendor. 98
812- 14. Warrants issued to each telephone 99
813-company shall be brought into one call for each 100
814-office in the following form: 101 SCS HB 1541 25
815- (Name of Telephone Company for ______ 102
816-office and total amount of warrants issued). 103
817- 15. Warrants issued to the postmaster for 104
818-postage shall be brought into one call for each 105
819-office in the following form: 106
820- (Postmaster for ______ office and total 107
821-amount of warrants issued). 108
822- 16. Disbursements or expenditures by road 109
823-districts shall show the warrants, if warrants 110
824-have been issued in the same manner as provided 111
825-for in subsection 5 of this section. If money 112
826-has been disbursed or expended by overseers the 113
827-financial statement shall show the total paid by 114
828-the overseer to each person for the y ear, and 115
829-the purpose of each payment. Receipts or 116
830-revenues into the county distributive school 117
831-fund shall be listed in detail, disbursements or 118
832-expenditures shall be listed and the amount of 119
833-each disbursement or expenditure. If any taxes 120
834-have been levied by virtue of Section 12(a) of 121
835-Article X of the Constitution of Missouri the 122
836-financial statement shall contain the following: 123
837- By virtue and authority of the 124
838-discretionary power conferred upon the county 125
839-commissions of the several counties of this 126
840-state to levy a tax of not to exceed 35 cents on 127
841-the $100 assessed valuation the county 128
842-commission of ______ County did for the year 129
843-covered by this report levy a tax rate of ______ 130
844-cents on the $100 assessed valuation which said 131
845-tax amounted to $______ and was disbursed or 132
846-expended as follows: 133
847-The statement shall show how the money was 134
848-disbursed or expended and if any part of the sum 135
849-has not been accounted for in detail under some 136
850-previous appropriate heading the portion not 137
851-previously accounted for shall be shown in 138
852-detail. 139
853- 17. At the end of the statement the person 140
854-designated by the county commission to prepare 141
855-the financial statement herein required shall 142
856-append the following certificate: 143
857-144
858-145
859-146
860-147
861-148
862-149
863-150
864-151
865-152
866-153
867-154
868-155
869-156
870-157
871-158
872-159
873- I, ______, the duly authorized agent
874-appointed by the county commission of
875-______ County, state of Missouri, to
876-prepare for publication the financial
877-statement as required by section 50.800,
878-RSMo, hereby certify that I have diligently
879-checked the records of the county and that
880-the above and foregoing is a complete and
881-correct statement of every item of
882-information required in section 50.800,
883-RSMo, for the year ending December 31,
884-______, and especially have I checked every
885-receipt from every source whatsoever and
886-every disbursement or expenditure of every
887-kind and to whom and for what each such
888-disbursement or expenditure was made and
889- SCS HB 1541 26
890-Or if no one has been designated said statement 177
891-having been prepared by the county clerk, 178
892-signature shall be in the following form: 179
893- Clerk of the county commission and ex 180
894-officio officer designated to prepare financial 181
895-statement required by section 50.800, RSMo. 182
896- 18. Any person falsely certifying to any 183
897-fact covered by the certificate i s liable on his 184
898-bond and upon conviction of falsely certifying 185
899-to any fact covered by the certificate is guilty 186
900-of a misdemeanor and punishable by a fine of not 187
901-less than two hundred dollars or more than one 188
902-thousand dollars or by imprisonment in the 189
903-county jail for not less than thirty days nor 190
904-more than six months or by both fine and 191
905-imprisonment. Any person charged with the 192
906-responsibility of preparing the financial report 193
907-who willfully or knowingly makes a false report 194
908-of any record, is, in a ddition to the penalty 195
909-otherwise provided for in this law, deemed 196
910-guilty of a felony and upon conviction shall be 197
911-sentenced to the penitentiary for not less than 198
912-two years nor more than five years. ] 199
913- [50.810. 1. The statement shall be 1
914-printed in not less than 8 -point type, but not 2
915-more than the smallest point type over 8 -point 3
916-type available and in the standard column width 4
917-measure that will take the least space. The 5
918-publisher shall file two proofs of publication 6
919-with the county commission and the commission 7
920-shall forward one proof to the state auditor and 8
921-shall file the other in the office of the 9
922-commission. The county commission shall not pay 10
923-the publisher until proof of publication is 11
924-filed with the commission and sh all not pay the 12
925-person designated to prepare the statement for 13
926-the preparation of the copy for the statement 14
927-until the state auditor notifies the commission 15
928-160
929-161
930-162
931-163
932-164
933-165
934-166
935-167
936-168
937-169
938-170
939-171
940-172
941-that each receipt or r evenue and
942-disbursement or expenditure is accurately
943-shown. (If for any reason complete and
944-accurate information is not given the
945-following shall be added to the
946-certificate.) Exceptions: The above report
947-is incomplete because proper information
948-was not available in the following records
949-______ which are in the keeping of the
950-following officer or officers. The person
951-designated to prepare the financial
952-statement shall give in detail any
953-incomplete data called for by this section.
954-173 Date ______
955-174
956-175
957-176
958- Officer designated by county commission to
959-prepare financial statement required by
960-section 50.800, RSMo.
961- SCS HB 1541 27
962-that proof of publication has been received and 16
963-that it complies with the requirements of this 17
964-section. 18
965- 2. The statement shall be spread on the 19
966-record of the commission and for this purpose 20
967-the publisher shall be required to furnish the 21
968-commission with at least two copies of the 22
969-statement that may be pasted on the record. The 23
970-publisher shall itemize the cost of publishing 24
971-said statement by column inch as properly 25
972-chargeable to the several funds and shall submit 26
973-such costs for payment to the county 27
974-commission. The county commission shall pay out 28
975-of each fund in the proportion that each item 29
976-bears to the total cost of publishing said 30
977-statement and shall issue warrants therefor; 31
978-provided any part not properly chargeable to any 32
979-specific fund shall be paid from the county 33
980-general revenue fund. 34
981- 3. The state auditor shall notif y the 35
982-county treasurer immediately of the receipt of 36
983-the proof of publication of the statement. 37
984-After the first of April of each year the county 38
985-treasurer shall not pay or enter for protest any 39
986-warrant for the pay of any commissioner of any 40
987-county commission until notice is received from 41
988-the state auditor that the required proof of 42
989-publication has been filed. Any county 43
990-treasurer paying or entering for protest any 44
991-warrant for any commissioner of the county 45
992-commission prior to the receipt of suc h notice 46
993-from the state auditor shall be liable on his 47
994-official bond therefor. 48
995- 4. The state auditor shall prepare sample 49
996-forms for financial statements and shall mail 50
997-the same to the county clerks of the several 51
998-counties in this state. If the county 52
999-commission employs any person other than a 53
1000-bonded county officer to prepare the financial 54
1001-statement the county commission shall require 55
1002-such person to give bond with good and 56
1003-sufficient sureties in the penal sum of one 57
1004-thousand dollars for the faithful performance of 58
1005-his duty. If any county officer or other person 59
1006-employed to prepare the financial statement 60
1007-herein provided for shall fail, neglect, or 61
1008-refuse to, in any manner, comply with the 62
1009-provisions of this law he shall, in addition to 63
1010-other penalties herein provided, be liable on 64
1011-his official bond for dereliction of duty. ] 65
1012-
11+SectionA.Section233.095,RSMo,isrepealedandonenewsectionenactedinlieu
12+2thereof,tobeknownassection233.095,toreadasfollows:
13+233.095.Saidboardshallhaveauthoritytoexpend[notmorethanone-fourthof]the
14+2revenuewhichmaynoworwhichmayhereafterbepaidintoitstreasuryforthepurposeof
15+3gradingandrepairinganyroadsorstreetswithinthecorporatelimitsofanycitywithinsaid
16+4specialroaddistrictinconformitywiththeestablishedgradeofsaidroadsandstreetsinsaid
17+5citiesandforthepurposeofconstructingandmaintainingmacadam,gravel,rockorpaved
18+6roadsorstreetswithinthecorporatelimitsofanycitywithinthesaidspecialroaddistrictin
19+7conformitywiththeestablishedgradeofsaidroadsandstreetsinsaidcity;provided,thatno
20+8partoftherevenueofanyspecialroaddistrictinthisstatebeexpendedoutsideofthecounty
21+9inwhichsuchspecialroaddistrictissituated.
22+EXPLANATION—Matterenclosedinbold-facedbrackets[thus] intheabovebillisnotenactedandis
23+intendedtobeomittedfromthelaw.Matterinbold-facetypeintheabovebillisproposedlanguage.
24+