EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. SECOND REGULAR SESSION SENATE COMMITTEE SUBSTITUTE FOR HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 1606 101ST GENERAL ASSEMBLY 3703S.06C ADRIANE D. CROUSE, Secretary AN ACT To repeal sections 50.327, 50.800, 50.810, 50.815, 50.820, 55.160, 58.095, 58.200, 140.170, 140.190, and 473.742, RSMo, and to enact in lieu thereof nine new sections relating to county officials, with penalty provisions. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Sections 50.327, 50.800, 50.810, 50.815, 1 50.820, 55.160, 58.095, 58.200, 140.170, 140.190, and 473.742, 2 RSMo, are repealed and nine new sections enacted in lieu 3 thereof, to be known as sections 50.327, 50.815, 50.820, 55.160, 4 58.095, 58.200, 140.170, 140.1 90, and 473.742, to read as 5 follows:6 50.327. 1. Notwithstanding any other provisions of 1 law to the contrary, the salary schedules contained in 2 sections 49.082, 50.334, 50.343, 51.281, 51.282, 52.269, 3 53.082, 53.083, 54.261, 54.320, 55.091, 56.26 5, 58.095, and 4 473.742 shall be set as a base schedule for those county 5 officials. Except when it is necessary to increase newly 6 elected or reelected county officials' salaries, in 7 accordance with Section 13, Article VII, Constitution of 8 Missouri, to comply with the requirements of this section, 9 the salary commission in all counties except charter 10 counties in this state shall be responsible for the 11 computation of salaries of all county officials; provided, 12 SCS HCS HB 1606 2 however, that any percentage salary adju stments in a county 13 shall be equal for all such officials in that county. 14 2. Upon majority approval of the salary commission, 15 the annual compensation of part -time prosecutors contained 16 in section 56.265 and the county offices contained in 17 sections 49.082, 50.334, 50.343, 51.281, 51.282, 52.269, 18 53.082, 53.083, 54.261, 54.320, 55.091, 58.095, and 473.742 19 may be increased by up to two thousand dollars greater than 20 the compensation provided by the salary schedules; provided, 21 however, that any vot e to increase compensation be effective 22 for all county offices in that county subject to the salary 23 commission. 24 3. Upon the majority approval of the salary 25 commission, the annual compensation of a county coroner of 26 any county [of the second classification] not having a 27 charter form of government as provided in section 58.095 may 28 be increased up to fourteen thousand dollars greater than 29 the compensation provided by the salary schedule of such 30 section. 31 4. The salary commission of any count y of the third 32 classification may amend the base schedules for the 33 computation of salaries for county officials referenced in 34 subsection 1 of this section to include assessed valuation 35 factors in excess of three hundred million dollars; provided 36 that the percentage of any adjustments in assessed valuation 37 factors shall be equal for all such officials in that county. 38 50.815. 1. On or before [the first Monday in March ] 1 June thirtieth of each year, the county commission of each 2 county of the first [class not having a charter form of 3 government], second, third, or fourth classification shall, 4 with the assistance of the county clerk or other officer 5 responsible for the preparation of the financial statement , 6 SCS HCS HB 1606 3 prepare and publish in some newspaper of general circulation 7 published in the county , as provided under section 493.050, 8 a financial statement of the county for the year ending the 9 preceding December thirty -first. 10 2. The financial statement shall show at least the 11 following: 12 (1) A summary of the receipts of each fund of the 13 county for the year; 14 (2) A summary of the disbursements and transfers of 15 each fund of the county for the year; 16 (3) A statement of the cash balance at the beginning 17 and at the end of the year for each fund of the county; 18 (4) A summary of delinquent taxes and other due bills 19 for each fund of the county; 20 (5) A summary of warrants of each fund of the county 21 outstanding at the end of the year; 22 (6) A statement of bonded indebtedness, if any, at the 23 beginning and at the end of the year for each fund of the 24 county; [and] 25 (7) A statement of the tax levies of each fund of the 26 county for the year; and 27 (8) The name, office, and current gross annual salary 28 of each elected or appointed county official . 29 3. The financial statement need not show specific 30 disbursements, warrants issued, or the names of specific 31 payees except to comply with subdivision (8) of subsection 2 32 of this section, but every individual warrant, voucher, 33 receipt, court order and all other items, records, documents 34 and other information which are not specifically required to 35 be retained by the officer having initial charge thereof 36 [and which would be required to be included in or t o 37 construct a financial statement in the form prescribed for 38 SCS HCS HB 1606 4 other counties by section 50.800 ] shall be filed on or 39 before the date of publication of the financial statement 40 prescribed by subsection 1 of this section in the office of 41 the county clerk[, and]. The county clerk or other officer 42 responsible for the preparation of the financial statement 43 shall preserve the same, shall provide an electronic copy of 44 the data used to create the financial statement without 45 charge to any newspaper requestin g a copy of such data, and 46 shall cause the same to be available for inspection during 47 normal business hours on the request of any person, for a 48 period of five years following the date of filing in his or 49 her office, after which five -year period these records may 50 be disposed of according to law unless they are the subject 51 of a legal suit pending at the expiration of that period. 52 4. At the end of the financial statement, each 53 commissioner of the county commission and the county clerk 54 shall sign and append the following certificate: 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 We, _________ , _________ , and _________ , duly elected commissioners of the county commission of _________ County, Missouri, and I, _____ ____ _________ , county clerk of that county, certify that the above and foregoing is a complete and correct statement of every item of information required in section 50.815 for the year ending December 31, [19] 20_________ , and we have checked every rec eipt from every source and every disbursement of every kind and to whom and for what each disbursement was made, and each receipt and disbursement is accurately included in the above and foregoing totals. (If for any reason complete and accurate information is not given the following shall be added to the certificate.) Exceptions: the above report is incomplete because proper information was not available in the following records _________ which are in the keeping of the following officer or officers _________ . SCS HCS HB 1606 5 5. Any person falsely certifying to any fact covered 81 by the certificate is liable on his or her bond and is 82 guilty of a misdemeanor and, on conviction thereof, shall be 83 punished by a fine of not less than two hundred dollars or 84 more than one thousand dollars, or by confinement in the 85 county jail for a period of not less than thirty days nor 86 more than six months, or by both such fine and confinement. 87 Any person charged with preparing the financial report who 88 willfully or knowingly makes a false report of a ny record 89 is, in addition to the penalties otherwise provided for in 90 this section, guilty of a felony, and upon conviction 91 thereof shall be sentenced to imprisonment by the division 92 of corrections for a term of not less than two years nor 93 more than five years. 94 [6. The provisions of sections 50.800 and 50.810 do 95 not apply to counties of the first class not having a 96 charter form of government, except as provided in subsection 97 3 of this section.] 98 50.820. 1. The statement required by section 50.815 1 shall be set in the standard column width measure which will 2 take the least space and the publisher shall file two proofs 3 of publication with the county commission and the commission 4 shall forward one proof to the state auditor and shall file 5 74 Date _________ 75 __________________ 76 __________________ 77 __________________ 78 Commissioners, County Commission 79 __________________ 80 County Clerk SCS HCS HB 1606 6 the other in the office of the commission. As required 6 under section 493.025, a newspaper publishing the statement 7 shall charge and receive no more than its regular local 8 classified advertising rate, which shall be the rate on the 9 newspaper's rate schedule that was offered to the public 10 thirty days before the publication of the statement. The 11 county commission shall [not] pay the publisher [until] upon 12 the filing of proof of publication [is filed] with the 13 commission [and]. After verification, the state auditor 14 [notifies] shall notify the commission that proof of 15 publication has been received and that it complies with the 16 requirements of this section. 17 2. The statement shall be spread on the record of the 18 commission and for this purpose the publisher shall be 19 required to furnish the commission with at least two copies 20 of the statement which may be [pasted on] placed in the 21 record. 22 3. The state auditor shall notify the county treasurer 23 immediately of the receipt o f the proof of publication of 24 the statement. After the first day of [April] July of each 25 year the county treasurer shall not pay or enter for protest 26 any warrant for the pay of any of the county commission 27 until notice is received from the state audit or that the 28 required proof of publication has been filed. [Any county 29 treasurer paying or entering for protest any warrant for any 30 commissioner of the county commission prior to the receipt 31 of such notice from the state auditor shall be liable 32 therefor on his official bond. ] 33 4. The state auditor shall prepare sample forms for 34 financial statements required by section 50.815 and shall 35 [mail] provide the same to the county clerk of each county 36 of the first [class not having a charter form of 37 SCS HCS HB 1606 7 government], second, third, or fourth classification in this 38 state, but failure of the auditor to supply such forms shall 39 not in any way excuse any person from the performance of any 40 duty imposed by this section or by section 50.815. If any 41 county officer fails, neglects, or refuses to comply with 42 the provisions of this section or section 50.815 [he], the 43 county officer shall, in addition to other penalties 44 provided by law, be liable on his or her official bond for 45 dereliction of duty. 46 55.160. The auditor of each county of the first 1 classification not having a charter form of government and 2 of each county of the second classification shall keep an 3 inventory of all county property under the control and 4 management of the various officers and departments and shall 5 annually take an inventory of such property at an original 6 value of one thousand dollars or more showing the amount, 7 location and estimated value thereof. The auditor shall 8 keep accounts of all appropriations and exp enditures made by 9 the county commission, and no warrant shall be drawn or 10 obligation incurred without the auditor's certification that 11 an unencumbered balance, sufficient to pay the same, remain 12 in the appropriate account or in the anticipated revenue 13 fund against which such warrant or obligation is to be 14 charged. The auditor shall audit the accounts of all 15 officers of the county annually or upon their retirement 16 from office. The auditor shall audit, examine and adjust 17 all accounts, demands, and claims of every kind and 18 character presented for payment against the county, and 19 shall in the auditor's discretion approve to the county 20 commission of the county all lawful, true, just and legal 21 accounts, demands and claims of every kind and character 22 payable out of the county revenue or out of any county funds 23 SCS HCS HB 1606 8 before the same shall be allowed and a warrant issued 24 therefor by the commission. Whenever the auditor thinks it 25 necessary to the proper examination of any account, demand 26 or claim, the auditor may examine the parties, witnesses, 27 and others on oath or affirmation touching any matter or 28 circumstance in the examination of such account, demand or 29 claim before the auditor allows same. The auditor shall not 30 be personally liable for any cost for any proceeding 31 instituted against the auditor in the auditor's official 32 capacity. The auditor shall keep a correct account between 33 the county and all county and township officers, and shall 34 examine all records and settlements made by them for and 35 with the county commission or with each other, and the 36 auditor shall, whenever the auditor desires, have access to 37 all books, county records or papers kept by any county or 38 township officer or road overseer. The auditor shall, 39 during the first four d ays of each month, strike a balance 40 in the case of each county and township officer, showing the 41 amount of money collected by each, the amount of money due 42 from each to the county, and the amount of money due from 43 any source whatever to such office, an d the auditor shall 44 include in such balance any fees that have been returned to 45 the county commission or to the auditor as unpaid and which 46 since having been returned have been collected. Upon 47 request, the auditor shall have access to and the ability to 48 audit and examine claims of every kind and character for 49 which a county officer has a fiduciary duty. 50 58.095. 1. The county coroner in any county not 1 having a charter form of government shall receive an annual 2 salary computed on a basis as set forth in the following 3 schedule as well as any adjustment authorized under 4 subsection 3 of section 50.327 . The provisions of this 5 SCS HCS HB 1606 9 section shall not permit or require a reduction in the 6 amount of compensation being paid for the office o f coroner 7 on January 1, 1997: 8 2. One thousand dollars of the salary authorized in 21 this section shall be payable to the coroner only if the 22 coroner has completed at least twenty hours of classroom 23 instruction each calendar year as established by the coroner 24 standards and training commission unless exempted from the 25 training by the Missouri Coroners' and Medical Examiners' 26 Association for good cause. The Missouri Coroners' and 27 Medical Examiners' Association shall provid e a certificate 28 of completion to each coroner who completes the training 29 program and shall send a list of certified coroners to the 30 treasurer of each county and the department of health and 31 9 Assessed Valuation Salary 10 $18,000,000 to 40,999,999 $8,000 11 41,000,000 to 53,999,999 8,500 12 54,000,000 to 65,999,999 9,000 13 66,000,000 to 85,999,999 9,500 14 86,000,000 to 99,999,999 10,000 15 100,000,000 to 130,999,999 11,000 16 131,000,000 to 159,999,999 12,000 17 160,000,000 to 189,999,999 13,000 18 190,000,000 to 249,999,999 14,000 19 250,000,000 to 299,999,999 15,000 20 300,000,000 or more 16,000 SCS HCS HB 1606 10 senior services. The coroner standards and training 32 commission may certify training programs that satisfy the 33 requirements of this section in lieu of the training 34 provided by the Missouri Coroners' and Medical Examiners' 35 Association. Certified training completion shall be 36 submitted to the Missouri Coroners' an d Medical Examiners' 37 Association which, upon validating the certified training, 38 shall submit the individual's name to the county treasurer 39 and department of health and senior services indicating the 40 individual is compliant with the training requirement s. 41 Expenses incurred for attending the training session may be 42 reimbursed to the county coroner in the same manner as other 43 expenses as may be appropriated for that purpose. All 44 elected or appointed coroners, deputy coroners, and 45 assistants to the coroner shall complete the annual training 46 described in this subsection within six months of election 47 or appointment. 48 3. The county coroner in any county not having a 49 charter form of government shall not, except upon two -thirds 50 vote of all the members of the salary commission, receive an 51 annual compensation in an amount less than the total 52 compensation being received for the office of county coroner 53 in the particular county for services rendered or performed 54 on the date the salary commission vo tes. 55 4. For the term beginning in 1997, the compensation of 56 the coroner, in counties in which the salary commission has 57 not voted to pay one hundred percent of the maximum 58 allowable salary, shall be a percentage of the maximum 59 allowable salary established by this section. The 60 percentage applied shall be the same percentage of the 61 maximum allowable salary received or allowed, whichever is 62 greater, to the presiding commissioner or sheriff, whichever 63 SCS HCS HB 1606 11 is greater, of that county for the year begin ning January 1, 64 1997. In those counties in which the salary commission has 65 voted to pay one hundred percent of the maximum allowable 66 salary, the compensation of the coroner shall be based on 67 the maximum allowable salary in effect at each time a 68 coroner's term of office commences following the vote to pay 69 one hundred percent of the maximum allowable compensation. 70 Subsequent compensation shall be determined as provided in 71 section 50.333. 72 5. Effective January 1, 1997, the county coroner in 73 any county not having a charter form of government may, upon 74 the approval of the county commission, receive additional 75 compensation for any month during which investigations or 76 other services are performed for three or more decedents in 77 the same incident during such month. The additional 78 compensation shall be an amount that when added to the 79 regular compensation the sum shall equal the monthly 80 compensation of the county sheriff. 81 58.200. When the office of sheriff shall be vacant, by 1 death or otherwise, the coroner of the county is authorized 2 to perform all the duties which are by law required to be 3 performed by the sheriff, until another sheriff for such 4 county shall be appointed and qualified [,] and such coroner 5 shall have notice thereof[, and]. In such case, said 6 coroner may appoint one or more deputies, with the 7 approbation of the judge of the circuit court [;], and every 8 such appointment, with the oath of office endorsed thereon, 9 shall be filed in the office of the cler k of the circuit 10 court of the county. If the coroner becomes the acting 11 sheriff and the sheriff is no longer receiving the sheriff's 12 salary, the coroner may be paid, in addition to the 13 coroner's salary, the difference between the salaries of 14 SCS HCS HB 1606 12 sheriff and coroner so that the coroner receives the 15 equivalent of the sheriff's salary while serving as acting 16 sheriff. 17 140.170. 1. Except for lands described in subsection 1 7 of this section, the county collector shall cause a copy 2 of the list of delinquent lands and lots to be printed in 3 some newspaper of general circulation published in the 4 county for three consecutive weeks, one insertion weekly, 5 before the sale, the last insertion to be at least fifteen 6 days prior to the fourth Mon day in August. 7 2. In addition to the names of all record owners or 8 the names of all owners appearing on the land tax book it is 9 only necessary in the printed and published list to state in 10 the aggregate the amount of taxes, penalty, interest and 11 cost due thereon, each year separately stated. 12 3. To the list shall be attached and in like manner 13 printed and published a notice of said lands and lots 14 stating that said land and lots will be sold at public 15 auction to discharge the taxes, penalty , interest, and costs 16 due thereon at the time of sale in or adjacent to the 17 courthouse of such county, on the fourth Monday in August 18 next thereafter, commencing at ten o'clock of said day and 19 continuing from day to day thereafter until all are 20 offered. Such auction may also be conducted by electronic 21 media, including the internet, at the same time and at the 22 discretion of the county collector. 23 4. The county collector, on or before the day of sale, 24 shall insert at the foot of the list on his or her record a 25 copy of the notice and certify on his or her record 26 immediately following the notice the name of the newspaper 27 of the county in which the notice was printed and published 28 and the dates of insertions thereof in the newspaper. 29 SCS HCS HB 1606 13 5. The expense of such printing shall be paid out of 30 the county treasury and shall not exceed the rate provided 31 for in chapter 493, relating to legal publications, notices 32 and advertisements, and the cost of printing at the rate 33 paid by the county shall be taxed as part of the costs of 34 the sale of any land or lot contained in the list. 35 6. The county collector shall cause the affidavit of 36 the printer, editor or publisher of the newspaper in which 37 the list of delinquent lands and notice of sale was 38 published, as provided by section 493.060, with the list and 39 notice attached, to be recorded in the office of the 40 recorder of deeds of the county, and the recorder shall not 41 charge or receive any fees for recording the same. 42 7. The county collector may have a separate list of 43 such lands, without legal descriptions or the names of the 44 record owners, printed in a newspaper of general circulation 45 published in such county for three consecutive weeks before 46 the sale of such lands for a parcel or lot of land that: 47 (1) Has an assessed value of one thousand five hundred 48 dollars or less and has been advertised previously; or 49 (2) Is a lot in a development of twenty or more lots 50 and such lot has an assessed value of one thousand five 51 hundred dollars or less. 52 The notice shall state that legal descriptions and the names 53 of the record owners of such lands shall be posted at any 54 county courthouse within the county and the office of the 55 county collector. 56 8. If, in the opinion of the coun ty collector, an 57 adequate legal description of the delinquent land and lots 58 cannot be obtained through researching the documents 59 available through the recorder of deeds, the collector may 60 SCS HCS HB 1606 14 commission a professional land surveyor to prepare an 61 adequate legal description of the delinquent land and lots 62 in question. The costs of any commissioned land survey 63 deemed necessary by the county collector shall be taxed as 64 part of the costs of the sale of any land or lots contained 65 in the list prepared under this section. 66 140.190. 1. On the day mentioned in the notice, the 1 county collector shall commence the sale of such lands, and 2 shall continue the same from day to day until each parcel 3 assessed or belonging to each person assessed sh all be sold 4 as will pay the taxes, interest and charges thereon, or 5 chargeable to such person in said county. 6 2. The person or land bank agency offering at said 7 sale, whether in person or by electronic media, to pay the 8 required sum for a tract s hall be considered the purchaser 9 of such land; provided, no sale shall be made to any person 10 or designated agent who is currently delinquent on any tax 11 payments on any property, other than a delinquency on the 12 property being offered for sale, and who d oes not sign an 13 affidavit stating such at the time of sale. Failure to sign 14 such affidavit as well as signing a false affidavit may 15 invalidate such sale. No bid shall be received from any 16 person not a resident of the state of Missouri or a foreign 17 corporation or entity all deemed nonresidents. A 18 nonresident shall file with said collector an agreement in 19 writing consenting to the jurisdiction of the circuit court 20 of the county in which such sale shall be made, and also 21 filing with such collector an appointment of some citizen of 22 said county as agent of said nonresident, and consenting 23 that service of process on such agent shall give such court 24 jurisdiction to try and determine any suit growing out of or 25 connected with such sale for taxes. After the delinquent 26 SCS HCS HB 1606 15 auction sale, any certificate of purchase shall be issued to 27 the agent. After meeting the requirements of section 28 140.405, the property shall be conveyed to the agent on 29 behalf of the nonresident, and the agent shall thereafter 30 convey the property to the nonresident. 31 3. All such written consents to jurisdiction and 32 selective appointments shall be preserved by the county 33 collector and shall be binding upon any person or 34 corporation claiming under the person consenting to 35 jurisdiction and making the appointment herein referred to; 36 provided further, that in the event of the death, disability 37 or refusal to act of the person appointed as agent of said 38 nonresident the county clerk shall become the appointee as 39 agent of said nonresident. 40 4. No person residing in any home rule city with more 41 than seventy-one thousand but fewer than seventy -nine 42 thousand inhabitants shall be eligible to offer to purchase 43 lands under this section unless such person has, no later 44 than ten days before the sale date, demonstrated to the 45 satisfaction of the official charged by law with conducting 46 the sale that the person is not the owner of any parcel of 47 real property that has two or more violations of the 48 municipality's building or housin g codes. A prospective 49 bidder may make such a demonstration by presenting 50 statements from the appropriate collection and code 51 enforcement officials of the municipality. This subsection 52 shall not apply to any taxing authority or land bank agency, 53 and entities shall be eligible to bid at any sale conducted 54 under this section without making such a demonstration. 55 473.742. 1. Each public administrator in counties of 1 the second, third or fourth classification and in the city 2 of St. Louis shall make a determination within thirty days 3 SCS HCS HB 1606 16 after taking office whether such public administrator shall 4 elect to receive a salary as defined herein or receive fees 5 as may be allowed by law to executors, administrators and 6 personal representativ es. The election by the public 7 administrator shall be made in writing to the county clerk. 8 Should the public administrator elect to receive a salary, 9 the public administrator's office may not then elect to 10 change at any future time to receive fees in lieu of 11 salary. Every public administrator who begins his or her 12 first term on or after January 1, 2023, shall be deemed to 13 have elected to receive a salary as provided in this section. 14 2. If a public administrator elects to be placed on 15 salary, the salary shall be based upon the average number of 16 open letters in the two years preceding the term when the 17 salary is elected, based upon the following schedule: 18 (1) Zero to five letters: salary shall be a minimum 19 of seven thousand five hund red dollars; 20 (2) Six to fifteen letters: salary shall be a minimum 21 of fifteen thousand dollars; 22 (3) Sixteen to twenty-five letters: salary shall be a 23 minimum of twenty thousand dollars; 24 (4) Twenty-six to thirty-nine letters: salary shall 25 be a minimum of twenty -five thousand dollars; 26 (5) Public administrators with forty or more letters 27 shall be considered full -time county officials and shall be 28 paid according to the assessed valuation schedule set forth 29 below: 30 31 Assessed Valuation Salary 32 $ 8,000,000 to 40,999,999 $29,000 33 $ 41,000,000 to 53,999,999 $30,000 SCS HCS HB 1606 17 (6) The public administrator in the city of St. Louis 50 shall receive a salary not le ss than sixty-five thousand 51 dollars; 52 (7) Two thousand dollars of the compensation 53 authorized in this section shall be payable to the public 54 administrator only if he or she has completed at least 55 twenty hours of instruction each calendar year rela ting to 56 the operations of the public administrator's office when 57 approved by a professional association of the county public 58 34 $ 54,000,000 to 65,999,999 $32,000 35 $ 66,000,000 to 85,999,999 $34,000 36 $ 86,000,000 to 99,999,999 $36,000 37 $ 100,000,000 to 130,999,999 $38,000 38 $ 131,000,000 to 159,999,999 $40,000 39 $ 160,000,000 to 189,999,999 $41,000 40 $ 190,000,000 to 249,999,999 $41,500 41 $ 250,000,000 to 299,999,999 $43,000 42 $ 300,000,000 to 449,999,999 $45,000 43 $ 450,000,000 to 599,999,999 $47,000 44 $ 600,000,000 to 749,999,999 $49,000 45 $ 750,000,000 to 899,999,999 $51,000 46 $ 900,000,000 to 1,049,999,999 $53,000 47 $ 1,050,000,000 to 1,199,999,999 $55,000 48 $ 1,200,000,000 to 1,349,999,999 $57,000 49 $ 1,350,000,000 and over $59,000 ; SCS HCS HB 1606 18 administrators of Missouri unless exempted from the training 59 by the professional association. The professional 60 association approving the program shall provide a 61 certificate of completion to each public administrator who 62 completes the training program and shall send a list of 63 certified public administrators to the treasurer of each 64 county. Expenses incurred for attending the training 65 session shall be reimbursed to the county public 66 administrator in the same manner as other expenses as may be 67 appropriated for that purpose. 68 3. If a public administrator is appointed by the court 69 as both a guardian and a conservator to the same ward or 70 protectee, it shall be considered two letters. 71 4. Notwithstanding subsection 2 or 5 of this section, 72 upon majority approval by the salary commission, a public 73 administrator may be paid according to the assessed 74 valuation schedule set forth in subdivision (5) of 75 subsection 2 of this section. If the salary commission 76 elects to pay a public administrator according to the 77 assessed valuation schedule, the salary commission shall not 78 elect to change at any future time to pay the pu blic 79 administrator's office according to the average number of 80 open letters in lieu of paying them according to the 81 assessed valuation schedule. 82 5. The initial compensation of the public 83 administrator who elects to be put on salary shall be 84 determined by the average number of letters for the two 85 years preceding the term when the salary is elected. Salary 86 increases or decreases according to the minimum schedule set 87 forth in [subsection 1 of] this section shall be adjusted 88 only after the numbe r of open letters places the workload in 89 a different subdivision for two consecutive years. Minimum 90 SCS HCS HB 1606 19 salary increases or decreases shall only take effect upon a 91 new term of office of the public administrator. The number 92 of letters each year shall be d etermined in accordance with 93 the reporting requirements set forth in law. 94 [4.] 6. All fees collected by a public administrator 95 who elects to be salaried shall be deposited in the county 96 treasury or with the treasurer for the city of St. Louis. 97 [5.] 7. Any public administrator in a county of the 98 first classification without a charter form of government 99 with a population of less than one hundred thousand 100 inhabitants who elects to receive fees in lieu of a salary 101 pursuant to this section may elect to join the Missouri 102 local government employees' retirement system created 103 pursuant to sections 70.600 to 70.755. 104 8. (1) A letter of guardianship and a letter of 105 conservatorship shall be counted as separate letters. 106 (2) For purposes of this subsection: 107 (a) "Letter of conservatorship" means the appointment 108 of a conservatorship of an estate by the court to a 109 protectee adjudged to be disabled; 110 (b) "Letter of guardianship" means the appointment of 111 a guardianship by the cour t to a ward adjudged to be 112 incapacitated. 113 [50.800. 1. On or before the first Monday 1 in March of each year, the county commission of 2 each county of the second, third, or fourth 3 class shall prepare and publish in some 4 newspaper as provided for in section 493.050, if 5 there is one, and if not by notices posted in at 6 least ten places in the county, a detailed 7 financial statement of the county for the year 8 ending December thirty -first, preceding. 9 2. The statement shall show t he bonded 10 debt of the county, if any, kind of bonds, date 11 of maturity, interest rate, rate of taxation 12 levied for interest and sinking fund and 13 authority for the levy, the total amount of 14 interest and sinking fund that has been 15 SCS HCS HB 1606 20 collected and interest and sinking fund on hand 16 in cash. 17 3. The statement shall also show 18 separately the total amount of the county and 19 township school funds on hand and loaned out, 20 the amount of penalties, fines, levies, 21 utilities, forfeitures, and any other taxes 22 collected and disbursed or expended during the 23 year and turned into the permanent school fund, 24 the name of each person who has a loan from the 25 permanent school fund, whether county or 26 township, the amount of the loan, date loan was 27 made and date of maturity, description of the 28 security for the loan, amount, if any, of 29 delinquent interest on each loan. 30 4. The statement shall show the total 31 valuation of the county for purposes of 32 taxation, the highest rate of taxation the 33 constitution permits the county commission to 34 levy for purposes of county revenue, the rate 35 levied by the county commission for the year 36 covered by the statement, division of the rate 37 levied among the several funds and total amount 38 of delinquent taxes for all years as of December 39 thirty-first. 40 5. The statement shall show receipts or 41 revenues into each and every fund separately. 42 Each fund shall show the beginning balance of 43 each fund; each source of revenue; the total 44 amount received from each source of revenue; the 45 total amount available in each fund; the total 46 amount of disbursements or expenditures from 47 each fund and the ending balance of each fund as 48 of December thirty-first. The total receipts or 49 revenues for the year into all funds shall be 50 shown in the recapitulation. In counties with 51 the township form of government, each township 52 shall be considered a fund pursuant to this 53 subsection. 54 6. Total disbursements or expenditures 55 shall be shown for warrants issued in each 56 category contained in the forms developed or 57 approved by the state auditor pursuant to 58 section 50.745. Total amount of warrants, 59 person or vendor to whom issued and purpose for 60 which issued shall be shown except as herein 61 provided. Under a separate heading in each fund 62 the statements shall show what warrants are 63 outstanding and unpaid for the lack of funds on 64 that date with appropriate balance or overdraft 65 in each fund as the case may be. 66 7. Warrants issued to pay for the service 67 of election judges and clerks o f elections shall 68 be in the following form: 69 Names of judges and clerks of elections at 70 $______ per day (listing the names run in and 71 not listing each name by lines, and at the end 72 SCS HCS HB 1606 21 of the list of names giving the total of the 73 amount of all the war rants issued for such 74 election services). 75 8. Warrants issued to pay for the service 76 of jurors shall be in the following form: 77 Names of jurors at $______ per day (listing 78 the names run in and not listing each name by 79 lines, and at the end of the list of names 80 giving the total of the amount of all the 81 warrants issued for such election service). 82 9. Warrants to Internal Revenue Service 83 for Social Security and withholding taxes shall 84 be brought into one call. 85 10. Warrants to the director of revenue of 86 Missouri for withholding taxes shall be brought 87 into one call. 88 11. Warrants to the division of employment 89 security shall be brought into one call. 90 12. Warrants to Missouri local government 91 employees' retirement system o r other retirement 92 funds for each office shall be brought into one 93 call. 94 13. Warrants for utilities such as gas, 95 water, lights and power shall be brought into 96 one call except that the total shall be shown 97 for each vendor. 98 14. Warrants issued to each telephone 99 company shall be brought into one call for each 100 office in the following form: 101 (Name of Telephone Company for ______ 102 office and total amount of warrants issued). 103 15. Warrants issued to the postmaster for 104 postage shall be brought into one call for each 105 office in the following form: 106 (Postmaster for ______ office and total 107 amount of warrants issued). 108 16. Disbursements or expenditures by road 109 districts shall show the warrants, if warrants 110 have been issued in the same manner as provided 111 for in subsection 5 of this section. If money 112 has been disbursed or expended by overseers the 113 financial statement shall show the total paid by 114 the overseer to each person for the year, and 115 the purpose of each payment. Receipts or 116 revenues into the county distributive school 117 fund shall be listed in detail, disbursements or 118 expenditures shall be listed and the amount of 119 each disbursement or expenditure. If any taxes 120 have been levied by virtue of Section 12(a) of 121 Article X of the Constitution of Missouri the 122 financial statement shall contain the following: 123 By virtue and authority of the 124 discretionary power conferred upon the county 125 commissions of the several counties of this 126 state to levy a tax of not to exceed 35 cents on 127 the $100 assessed valuation the county 128 commission of ______ County did for the year 129 SCS HCS HB 1606 22 covered by this report levy a tax rate of ______ 130 cents on the $100 assessed valuation which said 131 tax amounted to $______ and was disbursed or 132 expended as follows: 133 The statement shall show how the money was 134 disbursed or expended and if any part of the sum 135 has not been accounted for in detail under some 136 previous appropriate heading the portion not 137 previously accounted for shall be shown in 138 detail. 139 17. At the end of the statement the person 140 designated by the county commission to prepare 141 the financial statement herein required shall 142 append the following certificate: 143 Or if no one has been designated said statement 177 having been prepared by the county clerk, 178 signature shall be in the following f orm: 179 Clerk of the county commission and ex 180 officio officer designated to prepare financial 181 statement required by section 50.800, RSMo. 182 18. Any person falsely certifying to any 183 fact covered by the certificate is liable on his 184 bond and upon conviction of falsely certifying 185 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 I, ______, the duly authorized agent appointed by the county commission of ______ County, state of Missouri, to prepare for publication the financial statement as required by section 50.800, RSMo, hereby certify that I have diligently checked the records of the county and that the above and foregoing is a complete and correct statement of every item of information required in section 50.800, RSMo, for the year ending December 31, ______, and especially have I checked every receipt from every source whatsoever and every disbursement or expenditure of every kind and to whom and for what each such disbursement or expenditure was made and that each receipt or revenue and disbursement or expenditure is accur ately shown. (If for any reason complete and accurate information is not given the following shall be added to the certificate.) Exceptions: The above report is incomplete because proper information was not available in the following records ______ which are in the keeping of the following officer or officers. The person designated to prepare the financial statement shall give in detail any incomplete data called for by this section. 173 Date ______ 174 175 176 Officer designated by county commission to prepare financial statement required by section 50.800, RSMo. SCS HCS HB 1606 23 to any fact covered by the certificate is guilty 186 of a misdemeanor and punishable by a fine of not 187 less than two hundred dollars or more than one 188 thousand dollars or by imprisonment in the 189 county jail for not less than th irty days nor 190 more than six months or by both fine and 191 imprisonment. Any person charged with the 192 responsibility of preparing the financial report 193 who willfully or knowingly makes a false report 194 of any record, is, in addition to the penalty 195 otherwise provided for in this law, deemed 196 guilty of a felony and upon conviction shall be 197 sentenced to the penitentiary for not less than 198 two years nor more than five years. ] 199 [50.810. 1. The statement shall be 1 printed in not less than 8 -point type, but not 2 more than the smallest point type over 8 -point 3 type available and in the standard column width 4 measure that will take the least space. The 5 publisher shall file two proofs of publication 6 with the county commission and the commissio n 7 shall forward one proof to the state auditor and 8 shall file the other in the office of the 9 commission. The county commission shall not pay 10 the publisher until proof of publication is 11 filed with the commission and shall not pay the 12 person designated to prepare the statement for 13 the preparation of the copy for the statement 14 until the state auditor notifies the commission 15 that proof of publication has been received and 16 that it complies with the requirements of this 17 section. 18 2. The statement shall be spread on the 19 record of the commission and for this purpose 20 the publisher shall be required to furnish the 21 commission with at least two copies of the 22 statement that may be pasted on the record. The 23 publisher shall itemize the cost of publis hing 24 said statement by column inch as properly 25 chargeable to the several funds and shall submit 26 such costs for payment to the county 27 commission. The county commission shall pay out 28 of each fund in the proportion that each item 29 bears to the total cos t of publishing said 30 statement and shall issue warrants therefor; 31 provided any part not properly chargeable to any 32 specific fund shall be paid from the county 33 general revenue fund. 34 3. The state auditor shall notify the 35 county treasurer immediate ly of the receipt of 36 the proof of publication of the statement. 37 After the first of April of each year the county 38 treasurer shall not pay or enter for protest any 39 warrant for the pay of any commissioner of any 40 county commission until notice is receive d from 41 the state auditor that the required proof of 42 SCS HCS HB 1606 24 publication has been filed. Any county 43 treasurer paying or entering for protest any 44 warrant for any commissioner of the county 45 commission prior to the receipt of such notice 46 from the state auditor shall be liable on his 47 official bond therefor. 48 4. The state auditor shall prepare sample 49 forms for financial statements and shall mail 50 the same to the county clerks of the several 51 counties in this state. If the county 52 commission employs any per son other than a 53 bonded county officer to prepare the financial 54 statement the county commission shall require 55 such person to give bond with good and 56 sufficient sureties in the penal sum of one 57 thousand dollars for the faithful performance of 58 his duty. If any county officer or other person 59 employed to prepare the financial statement 60 herein provided for shall fail, neglect, or 61 refuse to, in any manner, comply with the 62 provisions of this law he shall, in addition to 63 other penalties herein provided, be liable on 64 his official bond for dereliction of duty. ] 65