Missouri 2024 Regular Session

Missouri House Bill HB2084 Compare Versions

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1-
2-EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3-and is intended to be omitted in the law.
41 SECONDREGULARSESSION
5-SENATE COMMITTEE SUBSTITUTE FOR
2+[PERFECTED]
63 HOUSEBILLNO.2084
74 102NDGENERALASSEMBLY
8-4411S.02C KRISTINA MARTIN, Secretary
5+INTRODUCEDBYREPRESENTATIVEBANDERMAN.
6+4411H.01P DANARADEMANMILLER,ChiefClerk
97 ANACT
10-To repeal sections 115.127 and 182.645, RSMo, and to enact in lieu thereof two new sections
11-relating to political subdivisions, with a delayed effective date for certain sections.
12-
8+Torepealsection182.645,RSMo,andtoenactinlieuthereofonenewsectionrelatingto
9+consolidatedpubliclibrarydistricts.
1310 BeitenactedbytheGeneralAssemblyofthestateofMissouri,asfollows:
14- Section A. Sections 115.127 and 182.645, RSMo, are 1
15-repealed and two new sections enacted in lieu thereof, to be 2
16-known as sections 115.127 and 182.645, to read as follows:3
17- 115.127. 1. Except as provided in subsection 4 of 1
18-this section, upon receipt of notice of a special election 2
19-to fill a vacancy submitted pursuant to subsection 2 of 3
20-section 115.125, the election authority shall cause legal 4
21-notice of the special election to be published in a 5
22-newspaper of general circulation in its jurisdiction. The 6
23-notice shall include the name of the officer or agency 7
24-calling the election, the dat e and time of the election, the 8
25-name of the office to be filled and the date by which 9
26-candidates must be selected or filed for the office. Within 10
27-one week prior to each special election to fill a vacancy 11
28-held in its jurisdiction, the election authorit y shall cause 12
29-legal notice of the election to be published in two 13
30-newspapers of different political faith and general 14
31-circulation in the jurisdiction. The legal notice shall 15
32-include the date and time of the election, the name of the 16
33-officer or agency calling the election and a sample ballot. 17 SCS HB 2084 2
34-If there is only one newspaper of general circulation in the 18
35-jurisdiction, the notice shall be published in the newspaper 19
36-within one week prior to the election. If there are two or 20
37-more newspapers of general circulation in the jurisdiction, 21
38-but no two of opposite political faith, the notice shall be 22
39-published in any two of the newspapers within one week prior 23
40-to the election. 24
41- 2. Except as provided in subsections 1 and 4 of this 25
42-section and in sectio ns 115.521, 115.549 and 115.593, the 26
43-election authority shall cause legal notice of each election 27
44-held in its jurisdiction to be published. The notice shall 28
45-be published in two newspapers of different political faith 29
46-and qualified pursuant to chapter 493 which are published 30
47-within the bounds of the area holding the election. If 31
48-there is only one so -qualified newspaper, then notice shall 32
49-be published in only one newspaper. If there is no 33
50-newspaper published within the bounds of the election area, 34
51-then the notice shall be published in two qualified 35
52-newspapers of different political faith serving the area. 36
53-Notice shall be published twice, the first publication 37
54-occurring in the second week prior to the election, and the 38
55-second publication occurr ing within one week prior to the 39
56-election. Each such legal notice shall include the date and 40
57-time of the election, the name of the officer or agency 41
58-calling the election and a sample ballot; and, unless notice 42
59-has been given as provided by section 115 .129, the second 43
60-publication of notice of the election shall include the 44
61-location of polling places. The election authority may 45
62-provide any additional notice of the election it deems 46
63-desirable. 47
64- 3. The election authority shall print the official 48
65-ballot as the same appears on the sample ballot, and no 49 SCS HB 2084 3
66-candidate's name or ballot issue which appears on the sample 50
67-ballot or official printed ballot shall be stricken or 51
68-removed from the ballot except on death of a candidate or by 52
69-court order, but in no event shall a candidate or issue be 53
70-stricken or removed from the ballot less than eight weeks 54
71-before the date of the election. 55
72- 4. In lieu of causing legal notice to be published in 56
73-accordance with any of the provisions of this chapter, the 57
74-election authority in jurisdictions which have less than 58
75-seven hundred fifty registered voters and in which no 59
76-newspaper qualified pursuant to chapter 493 is published, 60
77-may cause legal notice to be mailed during the second week 61
78-prior to the election, by first class mail, to each 62
79-registered voter at the voter's voting address. All such 63
80-legal notices shall include the date and time of the 64
81-election, the location of the polling place, the name of the 65
82-officer or agency calling the election and a sample b allot. 66
83- 5. If the opening date for filing a declaration of 67
84-candidacy for any office in a political subdivision or 68
85-special district is not required by law or charter, the 69
86-opening filing date shall be 8:00 a.m., the [seventeenth] 70
87-sixteenth Tuesday prior to the election. If the closing 71
88-date for filing a declaration of candidacy for any office in 72
89-a political subdivision or special district is not required 73
90-by law or charter, the closing filing date shall be 5:00 74
91-p.m., the [fourteenth] thirteenth Tuesday prior to the 75
92-election or, if the thirteenth Tuesday prior to the election 76
93-is a state or federal holiday, the closing filing date shall 77
94-be 5:00 p.m. on the next day that is not a state or federal 78
95-holiday. The political subdivision or special dist rict 79
96-calling an election shall, before the [seventeenth] 80
97-sixteenth Tuesday[,] prior to any election at which offices 81 SCS HB 2084 4
98-are to be filled, notify the general public of the opening 82
99-filing date, the office or offices to be filled, the proper 83
100-place for filing and the closing filing date of the 84
101-election. Such notification may be accomplished by legal 85
102-notice published in at least one newspaper of general 86
103-circulation in the political subdivision or special district. 87
104- 6. Except as provided for in section s 115.247 and 88
105-115.359, if there is no additional cost for the printing or 89
106-reprinting of ballots or if the candidate agrees to pay any 90
107-printing or reprinting costs, a candidate who has filed for 91
108-an office or who has been duly nominated for an office may , 92
109-at any time after the certification of the notice of 93
110-election required in subsection 1 of section 115.125 but no 94
111-later than 5:00 p.m. on the eighth Tuesday before the 95
112-election, withdraw as a candidate pursuant to a court order, 96
113-which, except for goo d cause shown by the election authority 97
114-in opposition thereto, shall be freely given upon 98
115-application by the candidate to the circuit court of the 99
116-area of such candidate's residence. 100
117- 182.645. 1. The fiscal year for each consolidated 1
118-public library district shall be July first to June 2
119-thirtieth unless otherwise set by the board of trustees , and 3
120-each year the librarian shall submit to the board of 4
121-trustees a budget for the forthcoming fiscal year. The 5
122-board shall approve the budg et after making any changes 6
123-therein that it deems necessary. The budget shall be 7
124-approved on or before [June thirtieth] the last day of the 8
125-fiscal year preceding the fiscal year for which the budget 9
126-was prepared. The board on its own motion or at the request 10
127-of the librarian, from time to time, may amend or modify the 11
128-approved budget. A copy of the approved budget shall be 12
129-filed with each county commission or county executive office 13 SCS HB 2084 5
130-of the counties comprising the consolidated public library 14
131-district, and with the state auditor. 15
132- 2. The treasurer of the board of trustees of a 16
133-consolidated public library district shall receive and be 17
134-the custodian of all money belonging to the district from 18
135-whatever source derived. All funds of the consoli dated 19
136-public library district derived from local taxation to be 20
137-used for normal operations of the district and received from 21
138-the county collector, shall be kept in a consolidated 22
139-library operating fund. All funds belonging to the district 23
140-which are to be used for building purposes shall be kept in 24
141-a consolidated library building fund; all funds derived from 25
142-state aid or federal grants, other than land, building and 26
143-furnishing grants, shall be kept in the consolidated library 27
144-operating fund; and th e board may establish any other funds 28
145-that it deems necessary. The treasurer shall deposit all 29
146-moneys belonging to the consolidated public library district 30
147-in the depositaries that are selected by the board of 31
148-trustees. The treasurer shall also be th e custodian of all 32
149-bonds or other securities belonging to the consolidated 33
150-public library district. 34
151- 3. Consolidated public library district moneys shall 35
152-be disbursed by the treasurer by appropriate instrument of 36
153-payment only upon due authorizatio n of the consolidated 37
154-public library district board of trustees and duly certified 38
155-for payment by the president. The certification shall 39
156-specify the amount to be paid, to whom payment is to be made 40
157-and the purpose for which payment is being made. The board 41
158-by resolution may direct that the signature of the president 42
159-or treasurer be a facsimile signature in the manner provided 43
160-by sections 105.273 to 105.278. 44 SCS HB 2084 6
161- 4. No authorization or certification shall be made, 45
162-and no instrument of payment issu ed for the payment of any 46
163-consolidated public library district indebtedness unless 47
164-there is sufficient money in the treasury and the proper 48
165-fund for the payment of the indebtedness and be in the 49
166-proper form. 50
167- 5. The treasurer of the board of trust ees shall submit 51
168-to the board of trustees, at each regularly scheduled 52
169-meeting of the board, an accounting reflecting receipt and 53
170-disbursement of funds belonging to the consolidated public 54
171-library district. 55
172- Section B. The repeal and reenactment of section 1
173-115.127 of this act shall become effective on November 6, 2
174-2024. 3
175-
11+SectionA.Section182.645,RSMo,isrepealedandonenewsectionenactedinlieu
12+2thereof,tobeknownassection182.645,toreadasfollows:
13+182.645.1.ThefiscalyearforeachconsolidatedpubliclibrarydistrictshallbeJuly
14+2firsttoJunethirtiethunlessotherwisesetbytheboardoftrustees, andeachyearthe
15+3librarianshallsubmittotheboardoftrusteesabudgetfortheforthcomingfiscalyear.The
16+4boardshallapprovethebudgetaftermakinganychangesthereinthatitdeemsnecessary.The
17+5budgetshallbeapprovedonorbefore[Junethirtieth] thelastdayofthefiscalyear
18+6precedingthefiscalyearforwhichthebudgetwasprepared.Theboardonitsownmotionor
19+7attherequestofthelibrarian,fromtimetotime,mayamendormodifytheapprovedbudget.
20+8Acopyoftheapprovedbudgetshallbefiledwitheachcountycommissionorcounty
21+9executiveofficeofthecountiescomprisingtheconsolidatedpubliclibrarydistrict,andwith
22+10thestateauditor.
23+11 2.Thetreasureroftheboardoftrusteesofaconsolidatedpubliclibrarydistrictshall
24+12receiveandbethecustodianofallmoneybelongingtothedistrictfromwhateversource
25+13derived.Allfundsoftheconsolidatedpubliclibrarydistrictderivedfromlocaltaxationtobe
26+14usedfornormaloperationsofthedistrictandreceivedfromthecountycollector,shallbekept
27+15inaconsolidatedlibraryoperatingfund.Allfundsbelongingtothedistrictwhicharetobe
28+16usedforbuildingpurposesshallbekeptinaconsolidatedlibrarybuildingfund;allfunds
29+EXPLANATION—Matterenclosedinbold-facedbrackets[thus] intheabovebillisnotenactedandis
30+intendedtobeomittedfromthelaw.Matterinbold-facetypeintheabovebillisproposedlanguage. 17derivedfromstateaidorfederalgrants,otherthanland,buildingandfurnishinggrants,shall
31+18bekeptintheconsolidatedlibraryoperatingfund;andtheboardmayestablishanyother
32+19fundsthatitdeemsnecessary.Thetreasurershalldepositallmoneysbelongingtothe
33+20consolidatedpubliclibrarydistrictinthedepositariesthatareselectedbytheboardof
34+21trustees.Thetreasurershallalsobethecustodianofallbondsorothersecuritiesbelongingto
35+22theconsolidatedpubliclibrarydistrict.
36+23 3.Consolidatedpubliclibrarydistrictmoneysshallbedisbursedbythetreasurerby
37+24appropriateinstrumentofpaymentonlyupondueauthorizationoftheconsolidatedpublic
38+25librarydistrictboardoftrusteesanddulycertifiedforpaymentbythepresident.The
39+26certificationshallspecifytheamounttobepaid,towhompaymentistobemadeandthe
40+27purposeforwhichpaymentisbeingmade.Theboardbyresolutionmaydirectthatthe
41+28signatureofthepresidentortreasurerbeafacsimilesignatureinthemannerprovidedby
42+29sections105.273to105.278.
43+30 4.Noauthorizationorcertificationshallbemade,andnoinstrumentofpayment
44+31issuedforthepaymentofanyconsolidatedpubliclibrarydistrictindebtednessunlessthereis
45+32sufficientmoneyinthetreasuryandtheproperfundforthepaymentoftheindebtednessand
46+33beintheproperform.
47+34 5.Thetreasureroftheboardoftrusteesshallsubmittotheboardoftrustees,ateach
48+35regularlyscheduledmeetingoftheboard,anaccountingreflectingreceiptanddisbursement
49+36offundsbelongingtotheconsolidatedpubliclibrarydistrict.
50+
51+HB2084 2