15 | | - | Section A. Sections 50.327, 50.8 00, 50.810, 50.815, 1 |
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16 | | - | 50.820, 58.095, 58.200, 70.631, 105.145, 233.095, and 473.742, 2 |
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17 | | - | RSMo, are repealed and nine new sections enacted in lieu 3 |
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18 | | - | thereof, to be known as sections 50.327, 50.815, 50.820, 58.095, 4 |
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19 | | - | 58.200, 70.631, 105.145, 233.095, and 473.742, to r ead as 5 |
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20 | | - | follows:6 |
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21 | | - | 50.327. 1. Notwithstanding any other provisions of 1 |
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22 | | - | law to the contrary, the salary schedules contained in 2 |
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23 | | - | sections 49.082, 50.334, 50.343, 51.281, 51.282, 52.269, 3 |
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24 | | - | 53.082, 53.083, 54.261, 54.320, 55.091, 56.265, 58.095, and 4 |
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25 | | - | 473.742 shall be set as a base schedule for those county 5 |
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26 | | - | officials. Except when it is necessary to increase newly 6 |
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27 | | - | elected or reelected county officials' salaries, in 7 |
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28 | | - | accordance with Section 13, Article VII, Constitution of 8 |
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29 | | - | Missouri, to comply with the req uirements of this section, 9 |
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30 | | - | the salary commission in all counties except charter 10 |
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31 | | - | counties in this state shall be responsible for the 11 |
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32 | | - | computation of salaries of all county officials; provided, 12 SCS HB 1541 2 |
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33 | | - | however, that any percentage salary adjustments in a county 13 |
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34 | | - | shall be equal for all such officials in that county. 14 |
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35 | | - | 2. Upon majority approval of the salary commission, 15 |
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36 | | - | the annual compensation of part -time prosecutors contained 16 |
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37 | | - | in section 56.265 and the county offices contained in 17 |
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38 | | - | sections 49.082, 50.334, 50. 343, 51.281, 51.282, 52.269, 18 |
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39 | | - | 53.082, 53.083, 54.261, 54.320, 55.091, 58.095, and 473.742 19 |
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40 | | - | may be increased by up to two thousand dollars greater than 20 |
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41 | | - | the compensation provided by the salary schedules; provided, 21 |
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42 | | - | however, that any vote to increase compens ation be effective 22 |
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43 | | - | for all county offices in that county subject to the salary 23 |
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44 | | - | commission. 24 |
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45 | | - | 3. Upon the majority approval of the salary 25 |
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46 | | - | commission, the annual compensation of a county coroner of 26 |
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47 | | - | any county [of the second classification ] not having a 27 |
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48 | | - | charter form of government as provided in section 58.095 may 28 |
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49 | | - | be increased up to fourteen thousand dollars greater than 29 |
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50 | | - | the compensation provided by the salary schedule of such 30 |
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51 | | - | section. 31 |
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52 | | - | 4. The salary commission of any county of the third 32 |
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53 | | - | classification may amend the base schedules for the 33 |
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54 | | - | computation of salaries for county officials referenced in 34 |
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55 | | - | subsection 1 of this section to include assessed valuation 35 |
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56 | | - | factors in excess of three hundred million dollars; provided 36 |
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57 | | - | that the percentage of any adjustments in assessed valuation 37 |
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58 | | - | factors shall be equal for all such officials in that county. 38 |
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59 | | - | 50.815. 1. On or before [the first Monday in March ] 1 |
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60 | | - | June thirtieth of each year, the county commission of each 2 |
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61 | | - | county of the first [class not having a charter form of 3 |
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62 | | - | government], second, third, or fourth classification shall, 4 |
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63 | | - | with the assistance of the county clerk or other officer 5 |
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64 | | - | responsible for the preparation of the financial statement , 6 SCS HB 1541 3 |
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65 | | - | prepare and publish in some newspaper of ge neral circulation 7 |
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66 | | - | published in the county , as provided under section 493.050, 8 |
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67 | | - | a financial statement of the county for the year ending the 9 |
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68 | | - | preceding December thirty -first. 10 |
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69 | | - | 2. The financial statement shall show at least the 11 |
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70 | | - | following: 12 |
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71 | | - | (1) A summary of the receipts of each fund of the 13 |
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72 | | - | county for the year; 14 |
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73 | | - | (2) A summary of the disbursements and transfers of 15 |
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74 | | - | each fund of the county for the year; 16 |
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75 | | - | (3) A statement of the cash balance at the beginning 17 |
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76 | | - | and at the end of the year for eac h fund of the county; 18 |
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77 | | - | (4) A summary of delinquent taxes and other due bills 19 |
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78 | | - | for each fund of the county; 20 |
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79 | | - | (5) A summary of warrants of each fund of the county 21 |
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80 | | - | outstanding at the end of the year; 22 |
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81 | | - | (6) A statement of bonded indebtedness, if any, at the 23 |
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82 | | - | beginning and at the end of the year for each fund of the 24 |
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83 | | - | county; [and] 25 |
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84 | | - | (7) A statement of the tax levies of each fund of the 26 |
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85 | | - | county for the year; and 27 |
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86 | | - | (8) The name, office, and current gross annual salary 28 |
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87 | | - | of each elected or app ointed county official . 29 |
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88 | | - | 3. The financial statement need not show specific 30 |
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89 | | - | disbursements, warrants issued, or the names of specific 31 |
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90 | | - | payees except to comply with subdivision (8) of subsection 2 32 |
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91 | | - | of this section, but every individual warrant, voucher, 33 |
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92 | | - | receipt, court order and all other items, records, documents 34 |
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93 | | - | and other information which are not specifically required to 35 |
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94 | | - | be retained by the officer having initial charge thereof 36 |
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95 | | - | [and which would be required to be included in or to 37 |
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96 | | - | construct a financial statement in the form prescribed for 38 SCS HB 1541 4 |
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97 | | - | other counties by section 50.800 ] shall be filed on or 39 |
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98 | | - | before the date of publication of the financial statement 40 |
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99 | | - | prescribed by subsection 1 of this section in the office of 41 |
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100 | | - | the county clerk[, and]. The county clerk or other officer 42 |
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101 | | - | responsible for the preparation of the financial statement 43 |
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102 | | - | shall preserve the same, shall provide an electronic copy of 44 |
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103 | | - | the data used to create the financial statement without 45 |
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104 | | - | charge to any newspaper requesting a copy of such data , and 46 |
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105 | | - | shall cause the same to be available for inspection during 47 |
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106 | | - | normal business hours on the request of any person, for a 48 |
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107 | | - | period of five years following the date of filing in his or 49 |
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108 | | - | her office, after which five -year period these records may 50 |
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109 | | - | be disposed of according to law unless they are the subject 51 |
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110 | | - | of a legal suit pending at the expiration of that period. 52 |
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111 | | - | 4. At the end of the financial statement, each 53 |
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112 | | - | commissioner of the county commission and the county clerk 54 |
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113 | | - | shall sign and append the follow ing certificate: 55 |
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114 | | - | 56 |
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115 | | - | 57 |
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116 | | - | 58 |
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117 | | - | 59 |
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118 | | - | 60 |
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119 | | - | 61 |
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120 | | - | 62 |
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121 | | - | 63 |
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122 | | - | 64 |
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123 | | - | 65 |
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124 | | - | 66 |
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125 | | - | 67 |
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126 | | - | 68 |
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127 | | - | 69 |
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128 | | - | 70 |
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129 | | - | 71 |
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130 | | - | 72 |
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131 | | - | 73 |
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132 | | - | We, _________ , _________ , and _________ , duly |
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133 | | - | elected commissioners of the county commission of |
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134 | | - | _________ County, Missouri, and I, _________ _________ |
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135 | | - | , county clerk of that county, certify that the above |
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136 | | - | and foregoing is a complete and correct stateme nt of |
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137 | | - | every item of information required in section 50.815 |
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138 | | - | for the year ending December 31, [19] 20_________ , and |
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139 | | - | we have checked every receipt from every source and |
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140 | | - | every disbursement of every kind and to whom and for |
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141 | | - | what each disbursement was made, and each receipt and |
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142 | | - | disbursement is accurately included in the above and |
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143 | | - | foregoing totals. (If for any reason complete and |
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144 | | - | accurate information is not given the following shall |
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145 | | - | be added to the certificate.) Exceptions: the above |
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146 | | - | report is incomplete because proper information was not |
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147 | | - | available in the following records _________ which are |
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148 | | - | in the keeping of the following officer or officers |
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149 | | - | _________ . |
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150 | | - | SCS HB 1541 5 |
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151 | | - | 5. Any person falsely certifying to any fact covered 81 |
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152 | | - | by the certificate is liable on his or her bond and is 82 |
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153 | | - | guilty of a misdemeanor and, on conviction thereof, shall be 83 |
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154 | | - | punished by a fine of not less than two hundred dollars or 84 |
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155 | | - | more than one thousand dollars, or by confinement in the 85 |
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156 | | - | county jail for a period of not less than thirty days nor 86 |
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157 | | - | more than six months , or by both such fine and confinement. 87 |
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158 | | - | Any person charged with preparing the financial report who 88 |
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159 | | - | willfully or knowingly makes a false report of any record 89 |
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160 | | - | is, in addition to the penalties otherwise provided for in 90 |
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161 | | - | this section, guilty of a felony, a nd upon conviction 91 |
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162 | | - | thereof shall be sentenced to imprisonment by the division 92 |
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163 | | - | of corrections for a term of not less than two years nor 93 |
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164 | | - | more than five years. 94 |
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165 | | - | [6. The provisions of sections 50.800 and 50.810 do 95 |
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166 | | - | not apply to counties of the first cl ass not having a 96 |
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167 | | - | charter form of government, except as provided in subsection 97 |
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168 | | - | 3 of this section.] 98 |
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169 | | - | 50.820. 1. The statement required by section 50.815 1 |
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170 | | - | shall be set in the standard column width measure which will 2 |
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171 | | - | take the least space and the publisher shall file two proofs 3 |
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172 | | - | of publication with the county commission and the commission 4 |
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173 | | - | shall forward one proof to the state auditor and shall file 5 |
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174 | | - | 74 Date _________ |
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175 | | - | 75 __________________ |
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176 | | - | 76 __________________ |
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177 | | - | 77 __________________ |
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178 | | - | 78 Commissioners, County Commission |
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179 | | - | 79 __________________ |
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180 | | - | 80 County Clerk SCS HB 1541 6 |
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181 | | - | the other in the office of the commission. As required 6 |
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182 | | - | under section 493.025, a newspap er publishing the statement 7 |
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183 | | - | shall charge and receive no more than its regular local 8 |
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184 | | - | classified advertising rate, which shall be the rate on the 9 |
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185 | | - | newspaper's rate schedule that was offered to the public 10 |
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186 | | - | thirty days before the publication of the statement . The 11 |
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187 | | - | county commission shall [not] pay the publisher [until] upon 12 |
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188 | | - | the filing of proof of publication [is filed] with the 13 |
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189 | | - | commission [and]. After verification, the state auditor 14 |
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190 | | - | [notifies] shall notify the commission that proof of 15 |
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191 | | - | publication has been received and that it complies with the 16 |
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192 | | - | requirements of this section. 17 |
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193 | | - | 2. The statement shall be spread on the record of the 18 |
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194 | | - | commission and for this purpose the publisher shall be 19 |
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195 | | - | required to furnish the commission with at least two copies 20 |
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196 | | - | of the statement which may be [pasted on] placed in the 21 |
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197 | | - | record. 22 |
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198 | | - | 3. The state auditor shall notify the county treasurer 23 |
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199 | | - | immediately of the receipt of the proof of publication of 24 |
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200 | | - | the statement. After the first day of [April] July of each 25 |
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201 | | - | year the county treasurer shall not pay or enter for protest 26 |
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202 | | - | any warrant for the pay of any of the county commission 27 |
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203 | | - | until notice is received from the state auditor that the 28 |
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204 | | - | required proof of publication has been filed. [Any county 29 |
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205 | | - | treasurer paying or entering for protest any warrant for any 30 |
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206 | | - | commissioner of the county commission prior to the receipt 31 |
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207 | | - | of such notice from the state auditor shall be liable 32 |
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208 | | - | therefor on his official bond. ] 33 |
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209 | | - | 4. The state auditor shall prepare sample forms for 34 |
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210 | | - | financial statements required by section 50.815 and shall 35 |
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211 | | - | [mail] provide the same to the county clerk of each county 36 |
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212 | | - | of the first [class not having a charter form of 37 SCS HB 1541 7 |
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213 | | - | government], second, third, or fourth classification in this 38 |
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214 | | - | state, but failure of the auditor to supply su ch forms shall 39 |
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215 | | - | not in any way excuse any person from the performance of any 40 |
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216 | | - | duty imposed by this section or by section 50.815. If any 41 |
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217 | | - | county officer fails, neglects, or refuses to comply with 42 |
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218 | | - | the provisions of this section or section 50.815 [he], the 43 |
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219 | | - | county officer shall, in addition to other penalties 44 |
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220 | | - | provided by law, be liable on his or her official bond for 45 |
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221 | | - | dereliction of duty. 46 |
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222 | | - | 58.095. 1. The county coroner in any county not 1 |
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223 | | - | having a charter form of government shall receive an annual 2 |
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224 | | - | salary computed on a basis as set forth in the following 3 |
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225 | | - | schedule as well as any adjustment authorized under 4 |
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226 | | - | subsection 3 of section 50.327 . The provisions of this 5 |
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227 | | - | section shall not permit or require a reduction in the 6 |
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228 | | - | amount of compensatio n being paid for the office of coroner 7 |
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229 | | - | on January 1, 1997: 8 |
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230 | | - | 9 Assessed Valuation Salary |
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231 | | - | 10 $18,000,000 to 40,999,999 $8,000 |
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232 | | - | 11 41,000,000 to 53,999,999 8,500 |
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233 | | - | 12 54,000,000 to 65,999,999 9,000 |
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234 | | - | 13 66,000,000 to 85,999,999 9,500 |
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235 | | - | 14 86,000,000 to 99,999,999 10,000 |
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236 | | - | 15 100,000,000 to 130,999,999 11,000 |
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237 | | - | 16 131,000,000 to 159,999,999 12,000 |
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238 | | - | 17 160,000,000 to 189,999,999 13,000 |
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239 | | - | 18 190,000,000 to 249,999,999 14,000 SCS HB 1541 8 |
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240 | | - | 2. One thousand dollars of the salary authorized in 21 |
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241 | | - | this section shall be payable to the coroner only if the 22 |
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242 | | - | coroner has completed at least twenty hours o f classroom 23 |
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243 | | - | instruction each calendar year as established by the coroner 24 |
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244 | | - | standards and training commission unless exempted from the 25 |
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245 | | - | training by the Missouri Coroners' and Medical Examiners' 26 |
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246 | | - | Association for good cause. The Missouri Coroners' and 27 |
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247 | | - | Medical Examiners' Association shall provide a certificate 28 |
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248 | | - | of completion to each coroner who completes the training 29 |
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249 | | - | program and shall send a list of certified coroners to the 30 |
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250 | | - | treasurer of each county and the department of health and 31 |
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251 | | - | senior services. The coroner standards and training 32 |
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252 | | - | commission may certify training programs that satisfy the 33 |
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253 | | - | requirements of this section in lieu of the training 34 |
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254 | | - | provided by the Missouri Coroners' and Medical Examiners' 35 |
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255 | | - | Association. Certified training completion shall be 36 |
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256 | | - | submitted to the Missouri Coroners' and Medical Examiners' 37 |
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257 | | - | Association which, upon validating the certified training, 38 |
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258 | | - | shall submit the individual's name to the county treasurer 39 |
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259 | | - | and department of health and senior services indicating the 40 |
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260 | | - | individual is compliant with the training requirements. 41 |
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261 | | - | Expenses incurred for attending the training session may be 42 |
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262 | | - | reimbursed to the county coroner in the same manner as other 43 |
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263 | | - | expenses as may be appropriated for that purpose. All 44 |
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264 | | - | elected or appointed coroners, dep uty coroners, and 45 |
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265 | | - | assistants to the coroner shall complete the annual training 46 |
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266 | | - | described in this subsection within six months of election 47 |
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267 | | - | or appointment. 48 |
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268 | | - | 19 250,000,000 to 299,999,999 15,000 |
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269 | | - | 20 300,000,000 or more 16,000 SCS HB 1541 9 |
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270 | | - | 3. The county coroner in any county not having a 49 |
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271 | | - | charter form of government shall not, excep t upon two-thirds 50 |
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272 | | - | vote of all the members of the salary commission, receive an 51 |
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273 | | - | annual compensation in an amount less than the total 52 |
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274 | | - | compensation being received for the office of county coroner 53 |
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275 | | - | in the particular county for services rendered or performed 54 |
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276 | | - | on the date the salary commission votes. 55 |
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277 | | - | 4. For the term beginning in 1997, the compensation of 56 |
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278 | | - | the coroner, in counties in which the salary commission has 57 |
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279 | | - | not voted to pay one hundred percent of the maximum 58 |
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280 | | - | allowable salary, shall be a percenta ge of the maximum 59 |
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281 | | - | allowable salary established by this section. The 60 |
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282 | | - | percentage applied shall be the same percentage of the 61 |
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283 | | - | maximum allowable salary received or allowed, whichever is 62 |
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284 | | - | greater, to the presiding commissioner or sheriff, whichever 63 |
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285 | | - | is greater, of that county for the year beginning January 1, 64 |
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286 | | - | 1997. In those counties in which the salary commission has 65 |
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287 | | - | voted to pay one hundred percent of the maximum allowable 66 |
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288 | | - | salary, the compensation of the coroner shall be based on 67 |
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289 | | - | the maximum allowable salary in effect at each time a 68 |
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290 | | - | coroner's term of office commences following the vote to pay 69 |
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291 | | - | one hundred percent of the maximum allowable compensation. 70 |
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292 | | - | Subsequent compensation shall be determined as provided in 71 |
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293 | | - | section 50.333. 72 |
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294 | | - | 5. Effective January 1, 1997, the county coroner in 73 |
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295 | | - | any county not having a charter form of government may, upon 74 |
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296 | | - | the approval of the county commission, receive additional 75 |
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297 | | - | compensation for any month during which investigations or 76 |
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298 | | - | other services are performed for three or more decedents in 77 |
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299 | | - | the same incident during such month. The additional 78 |
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300 | | - | compensation shall be an amount that when added to the 79 SCS HB 1541 10 |
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301 | | - | regular compensation the sum shall equal the monthly 80 |
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302 | | - | compensation of the county sheriff. 81 |
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303 | | - | 58.200. When the office of sheriff shall be vacant, by 1 |
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304 | | - | death or otherwise, the coroner of the county is authorized 2 |
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305 | | - | to perform all the duties which are by law required to be 3 |
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306 | | - | performed by the sheriff, until another sheriff for such 4 |
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307 | | - | county shall be appointed and qualif ied[,] and such coroner 5 |
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308 | | - | shall have notice thereof [, and]. In such case, said 6 |
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309 | | - | coroner may appoint one or more deputies, with the 7 |
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310 | | - | approbation of the judge of the circuit court [;], and every 8 |
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311 | | - | such appointment, with the oath of office endorsed thereon, 9 |
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312 | | - | shall be filed in the office of the clerk of the circuit 10 |
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313 | | - | court of the county. If the coroner becomes the acting 11 |
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314 | | - | sheriff and the sheriff is no longer receiving the sheriff's 12 |
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315 | | - | salary, the coroner may be paid, in addition to the 13 |
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316 | | - | coroner's salary, the differ ence between the salaries of 14 |
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317 | | - | sheriff and coroner so that the coroner receives the 15 |
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318 | | - | equivalent of the sheriff's salary while serving as acting 16 |
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319 | | - | sheriff. 17 |
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320 | | - | 70.631. 1. Each political subdivision may, by 1 |
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321 | | - | majority vote of its governing body , elect to cover 2 |
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322 | | - | emergency telecommunicators, jailors, and emergency medical 3 |
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323 | | - | service personnel as public safety personnel members of the 4 |
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324 | | - | system. The clerk or secretary of the political subdivision 5 |
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325 | | - | shall certify an election concerning the coverage of 6 |
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326 | | - | emergency telecommunicators, jailors, and emergency medical 7 |
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327 | | - | service personnel as public safety personnel members of the 8 |
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328 | | - | system to the board within ten days after such vote. The 9 |
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329 | | - | date in which the political subdivision's election becomes 10 |
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330 | | - | effective shall be the first day of the calendar month 11 |
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331 | | - | specified by such governing body, the first day of the 12 |
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332 | | - | calendar month next following receipt by the board of the 13 SCS HB 1541 11 |
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333 | | - | certification of the election, or the effective date of the 14 |
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334 | | - | political subdivision's becoming an emp loyer, whichever is 15 |
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335 | | - | the latest date. Such election shall not be changed after 16 |
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336 | | - | the effective date. If the election is made, the coverage 17 |
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337 | | - | provisions shall be applicable to all past and future 18 |
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338 | | - | employment with the employer by present and future 19 |
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339 | | - | employees. If a political subdivision makes no election 20 |
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340 | | - | under this section, no emergency telecommunicator, jailor, 21 |
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341 | | - | or emergency medical service personnel of the political 22 |
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342 | | - | subdivision shall be considered public safety personnel for 23 |
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343 | | - | purposes determining a minim um service retirement age as 24 |
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344 | | - | defined in section 70.600. 25 |
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345 | | - | 2. If an employer elects to cover emergency 26 |
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346 | | - | telecommunicators, jailors, and emergency medical service 27 |
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347 | | - | personnel as public safety personnel members of the system, 28 |
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348 | | - | the employer's contributions shall be correspondingly 29 |
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349 | | - | changed effective the same date as the effective date of the 30 |
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350 | | - | political subdivision's election. 31 |
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351 | | - | 3. The limitation on increases in an employer's 32 |
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352 | | - | contributions provided by subsection 6 of section 70.730 33 |
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353 | | - | shall not apply to a ny contribution increase resulting from 34 |
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354 | | - | an employer making an election under the provisions of this 35 |
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355 | | - | section. 36 |
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356 | | - | [4. The provisions of this section shall only apply to 37 |
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357 | | - | counties of the third classification and any county of the 38 |
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358 | | - | first classification wi th more than seventy thousand but 39 |
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359 | | - | fewer than eighty-three thousand inhabitants and with a city 40 |
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360 | | - | of the fourth classification with more than thirteen 41 |
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361 | | - | thousand five hundred but fewer than sixteen thousand 42 |
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362 | | - | inhabitants as the county seat, and any political 43 |
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363 | | - | subdivisions located, in whole or in part, within such 44 |
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364 | | - | counties.] 45 SCS HB 1541 12 |
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365 | | - | 105.145. 1. The following definitions shall be 1 |
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366 | | - | applied to the terms used in this section: 2 |
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367 | | - | (1) "Governing body", the board, body, or persons in 3 |
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368 | | - | which the powers of a political subdivision as a body 4 |
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369 | | - | corporate, or otherwise, are vested; 5 |
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370 | | - | (2) "Political subdivision", any agency or unit of 6 |
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371 | | - | this state, except counties and school districts, which now 7 |
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372 | | - | is, or hereafter shall be, authorized to levy taxes or 8 |
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373 | | - | empowered to cause taxes to be levied. 9 |
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374 | | - | 2. The governing body of each political subdivision in 10 |
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375 | | - | the state shall cause to be prepared an annual report of the 11 |
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376 | | - | financial transactions of the political subdivision in such 12 |
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377 | | - | summary form as the state auditor sha ll prescribe by rule, 13 |
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378 | | - | except that the annual report of political subdivisions 14 |
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379 | | - | whose cash receipts for the reporting period are ten 15 |
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380 | | - | thousand dollars or less shall only be required to contain 16 |
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381 | | - | the cash balance at the beginning of the reporting period, a 17 |
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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 |
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750 | | - | covered by the statement, division of the rate 37 |
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751 | | - | levied among the several funds and total am ount 38 |
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752 | | - | of delinquent taxes for all years as of December 39 |
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753 | | - | thirty-first. 40 |
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754 | | - | 5. The statement shall show receipts or 41 |
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755 | | - | revenues into each and every fund separately. 42 |
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756 | | - | Each fund shall show the beginning balance of 43 |
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757 | | - | each fund; each source of revenue; the total 44 SCS HB 1541 24 |
---|
758 | | - | amount received from each source of revenue; the 45 |
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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 |
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762 | | - | of December thirty-first. The total receipts or 49 |
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763 | | - | revenues for the year into all funds shall be 50 |
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764 | | - | shown in the recapitulation. In counties with 51 |
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765 | | - | the township form of government, each township 52 |
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766 | | - | shall be considered a fund pursuant to this 53 |
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767 | | - | subsection. 54 |
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768 | | - | 6. Total disbursements or expenditures 55 |
---|
769 | | - | shall be shown for w arrants issued in each 56 |
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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 |
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778 | | - | that date with appropriate balance or overdraft 65 |
---|
779 | | - | in each fund as the case may be. 66 |
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780 | | - | 7. Warrants issued to pay fo r the service 67 |
---|
781 | | - | of election judges and clerks of elections shall 68 |
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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 |
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932 | | - | 164 |
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933 | | - | 165 |
---|
934 | | - | 166 |
---|
935 | | - | 167 |
---|
936 | | - | 168 |
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937 | | - | 169 |
---|
938 | | - | 170 |
---|
939 | | - | 171 |
---|
940 | | - | 172 |
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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: |
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| 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 | + | ✔ |
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