Missouri 2024 Regular Session

Missouri House Bill HB2084 Latest Draft

Bill / Comm Sub Version Filed 05/06/2024

                             
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 BILL NO. 2084 
102ND GENERAL ASSEMBLY  
4411S.02C 	KRISTINA MARTIN, Secretary  
AN ACT 
To repeal sections 115.127 and 182.645, RSMo, and to enact in lieu thereof two new sections 
relating to political subdivisions, with a delayed effective date for certain sections. 
 
Be it enacted by the General Assembly of the State of Missouri, as follows: 
     Section A. Sections 115.127 and 182.645, RSMo, are 1 
repealed and two new sections enacted in lieu thereof, to be 2 
known as sections 115.127 and 182.645, to read as follows:3 
     115.127.  1.  Except as provided in subsection 4 of 1 
this section, upon receipt of notice of a special election 2 
to fill a vacancy submitted pursuant to subsection 2 of 3 
section 115.125, the election authority shall cause legal 4 
notice of the special election to be published in a 5 
newspaper of general circulation in its jurisdiction.  The  6 
notice shall include the name of the officer or agency 7 
calling the election, the dat e and time of the election, the 8 
name of the office to be filled and the date by which 9 
candidates must be selected or filed for the office.  Within  10 
one week prior to each special election to fill a vacancy 11 
held in its jurisdiction, the election authorit y shall cause  12 
legal notice of the election to be published in two 13 
newspapers of different political faith and general 14 
circulation in the jurisdiction.  The legal notice shall 15 
include the date and time of the election, the name of the 16 
officer or agency calling the election and a sample ballot.   17   SCS HB 2084 	2 
If there is only one newspaper of general circulation in the 18 
jurisdiction, the notice shall be published in the newspaper 19 
within one week prior to the election.  If there are two or 20 
more newspapers of general circulation in the jurisdiction, 21 
but no two of opposite political faith, the notice shall be 22 
published in any two of the newspapers within one week prior 23 
to the election. 24 
     2.  Except as provided in subsections 1 and 4 of this 25 
section and in sectio ns 115.521, 115.549 and 115.593, the 26 
election authority shall cause legal notice of each election 27 
held in its jurisdiction to be published.  The notice shall  28 
be published in two newspapers of different political faith 29 
and qualified pursuant to chapter 493 which are published 30 
within the bounds of the area holding the election.  If  31 
there is only one so -qualified newspaper, then notice shall 32 
be published in only one newspaper.  If there is no  33 
newspaper published within the bounds of the election area, 34 
then the notice shall be published in two qualified 35 
newspapers of different political faith serving the area.   36 
Notice shall be published twice, the first publication 37 
occurring in the second week prior to the election, and the 38 
second publication occurr ing within one week prior to the 39 
election.  Each such legal notice shall include the date and 40 
time of the election, the name of the officer or agency 41 
calling the election and a sample ballot; and, unless notice 42 
has been given as provided by section 115 .129, the second  43 
publication of notice of the election shall include the 44 
location of polling places.  The election authority may 45 
provide any additional notice of the election it deems 46 
desirable. 47 
     3.  The election authority shall print the official 48 
ballot as the same appears on the sample ballot, and no 49   SCS HB 2084 	3 
candidate's name or ballot issue which appears on the sample 50 
ballot or official printed ballot shall be stricken or 51 
removed from the ballot except on death of a candidate or by 52 
court order, but in no event shall a candidate or issue be 53 
stricken or removed from the ballot less than eight weeks 54 
before the date of the election. 55 
     4.  In lieu of causing legal notice to be published in 56 
accordance with any of the provisions of this chapter, the 57 
election authority in jurisdictions which have less than 58 
seven hundred fifty registered voters and in which no 59 
newspaper qualified pursuant to chapter 493 is published, 60 
may cause legal notice to be mailed during the second week 61 
prior to the election, by first class mail, to each 62 
registered voter at the voter's voting address.  All such  63 
legal notices shall include the date and time of the 64 
election, the location of the polling place, the name of the 65 
officer or agency calling the election and a sample b allot. 66 
     5.  If the opening date for filing a declaration of 67 
candidacy for any office in a political subdivision or 68 
special district is not required by law or charter, the 69 
opening filing date shall be 8:00 a.m., the [seventeenth]  70 
sixteenth Tuesday prior to the election.  If the closing  71 
date for filing a declaration of candidacy for any office in 72 
a political subdivision or special district is not required 73 
by law or charter, the closing filing date shall be 5:00 74 
p.m., the [fourteenth] thirteenth Tuesday prior to the 75 
election or, if the thirteenth Tuesday prior to the election 76 
is a state or federal holiday, the closing filing date shall 77 
be 5:00 p.m. on the next day that is not a state or federal 78 
holiday.  The political subdivision or special dist rict  79 
calling an election shall, before the [seventeenth]  80 
sixteenth Tuesday[,] prior to any election at which offices 81   SCS HB 2084 	4 
are to be filled, notify the general public of the opening 82 
filing date, the office or offices to be filled, the proper 83 
place for filing and the closing filing date of the 84 
election.  Such notification may be accomplished by legal 85 
notice published in at least one newspaper of general 86 
circulation in the political subdivision or special district. 87 
     6.  Except as provided for in section s 115.247 and  88 
115.359, if there is no additional cost for the printing or 89 
reprinting of ballots or if the candidate agrees to pay any 90 
printing or reprinting costs, a candidate who has filed for 91 
an office or who has been duly nominated for an office may ,  92 
at any time after the certification of the notice of 93 
election required in subsection 1 of section 115.125 but no 94 
later than 5:00 p.m. on the eighth Tuesday before the 95 
election, withdraw as a candidate pursuant to a court order, 96 
which, except for goo d cause shown by the election authority 97 
in opposition thereto, shall be freely given upon 98 
application by the candidate to the circuit court of the 99 
area of such candidate's residence. 100 
     182.645.  1.  The fiscal year for each consolidated  1 
public library district shall be July first to June 2 
thirtieth unless otherwise set by the board of trustees , and  3 
each year the librarian shall submit to the board of 4 
trustees a budget for the forthcoming fiscal year.  The  5 
board shall approve the budg et after making any changes 6 
therein that it deems necessary.  The budget shall be 7 
approved on or before [June thirtieth] the last day of the 8 
fiscal year preceding the fiscal year for which the budget 9 
was prepared.  The board on its own motion or at the request  10 
of the librarian, from time to time, may amend or modify the 11 
approved budget.  A copy of the approved budget shall be 12 
filed with each county commission or county executive office 13   SCS HB 2084 	5 
of the counties comprising the consolidated public library 14 
district, and with the state auditor. 15 
     2.  The treasurer of the board of trustees of a 16 
consolidated public library district shall receive and be 17 
the custodian of all money belonging to the district from 18 
whatever source derived.  All funds of the consoli dated  19 
public library district derived from local taxation to be 20 
used for normal operations of the district and received from 21 
the county collector, shall be kept in a consolidated 22 
library operating fund.  All funds belonging to the district 23 
which are to be used for building purposes shall be kept in 24 
a consolidated library building fund; all funds derived from 25 
state aid or federal grants, other than land, building and 26 
furnishing grants, shall be kept in the consolidated library 27 
operating fund; and th e board may establish any other funds 28 
that it deems necessary.  The treasurer shall deposit all 29 
moneys belonging to the consolidated public library district 30 
in the depositaries that are selected by the board of 31 
trustees.  The treasurer shall also be th e custodian of all 32 
bonds or other securities belonging to the consolidated 33 
public library district. 34 
     3.  Consolidated public library district moneys shall 35 
be disbursed by the treasurer by appropriate instrument of 36 
payment only upon due authorizatio n of the consolidated 37 
public library district board of trustees and duly certified 38 
for payment by the president.  The certification shall 39 
specify the amount to be paid, to whom payment is to be made 40 
and the purpose for which payment is being made.  The board  41 
by resolution may direct that the signature of the president 42 
or treasurer be a facsimile signature in the manner provided 43 
by sections 105.273 to 105.278. 44   SCS HB 2084 	6 
     4.  No authorization or certification shall be made, 45 
and no instrument of payment issu ed for the payment of any 46 
consolidated public library district indebtedness unless 47 
there is sufficient money in the treasury and the proper 48 
fund for the payment of the indebtedness and be in the 49 
proper form. 50 
     5.  The treasurer of the board of trust ees shall submit  51 
to the board of trustees, at each regularly scheduled 52 
meeting of the board, an accounting reflecting receipt and 53 
disbursement of funds belonging to the consolidated public 54 
library district. 55 
     Section B.  The repeal and reenactment of section 1 
115.127 of this act shall become effective on November 6, 2 
2024. 3 
