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 BILL NO. 1037
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR RAZER.
3099S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 49.020, 51.050, 52.010, 53.010, 54.040, 55.010, 55.060, 56.010, 57.010,
58.030, 59.021, 60.010, 77.040, 79.070, and 79.080, RSMo, and to enact in lieu thereof
seventeen new sections relating to public officers.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 49.020, 51.050, 52.010, 53.010, 1
54.040, 55.010, 55.060, 56.010, 57.010, 58.030, 59.021, 60.010, 2
77.040, 79.070, and 79.080, RSMo, are repealed and seventeen 3
new sections enacted in lieu thereof, to be known as sections 4
49.020, 51.050, 52.010, 53.010, 54.040, 55.010, 55.060, 56.010, 5
57.010, 58.030, 59.021, 60.010, 67.025, 77.040, 79.070, 79.080, 6
and 105.017, to read as follows:7
49.020. At the general election in the year 1996, and 1
every four years thereafter, the voters of each of the 2
districts shall elect a county commissioner, who shall hold 3
his office for a term of four years and until his successor 4
is duly elected and qualified; and at the general election 5
in the year 1882, and every four years thereafter, the 6
presiding commissioner of the county shall be elected by the 7
voters of the county at large, who shall hold his office for 8
the term of four years and until his successor is duly 9
elected and qualified. Each commissioner shall be a 10
resident of the county and each commissioner elected from a 11
district shall be a resi dent of the district from which such 12
commissioner was elected. No commissioner elected shall 13 SB 1037 2
have been required to register as a sexual offender in this 14
state, another state, or under federal law. Each 15
commissioner elected under the provisions of thi s chapter 16
shall enter upon the duties of his office on the first day 17
of January immediately after his election. 18
51.050. No person shall be elected or appointed clerk 1
of the county commission unless such person be a citizen of 2
the United States, over the age of twenty -one years, [and 3
shall have] resided within the state one whole year [,] and 4
within the county for which the person is elected one year 5
just prior to such person's election , and no person shall 6
have been required to re gister as a sexual offender in this 7
state, another state, or under federal law ; and every clerk 8
shall after the election continue to reside within the 9
county for which such person is clerk. 10
52.010. 1. At the general election in 1906 , and every 1
four years thereafter, a collector, to be styled the 2
collector of the revenue, shall be elected in each of the 3
counties of this state, except counties under township 4
organization, who shall hold his or her office for four 5
years and until his successor is duly elected and 6
qualified. The collector shall reside in the county from 7
which such person is elected throughout his or her term in 8
office. No collector shall have been required to register 9
as a sexual offender in this state, another state, or under 10
federal law. 11
2. Except in any county with a charter form of 12
government, a candidate for the office of collector shall be 13
at least twenty-one years of age and a resident of the state 14
and the county in which he or she is a candidat e for at 15
least one year prior to the date of filing for such office. 16
The candidate shall be a registered voter and current in the 17 SB 1037 3
payment of all state income taxes and personal and real 18
property taxes. 19
3. The candidate shall present to the elect ion 20
authority a copy of a signed affidavit from a surety company 21
authorized to do business in this state, indicating that the 22
candidate meets the statutory bond requirements for the 23
office for which the candidate is filing. 24
53.010. 1. At the general election in the year 1948 1
and every four years thereafter the qualified voters in each 2
county in this state shall elect a county assessor. Such 3
county assessors shall enter upon the discharge of their 4
duties on the first day of Sept ember next after their 5
election, and shall hold office for a term of four years, 6
and until their successors are elected and qualified, unless 7
sooner removed from office; provided, that this section 8
shall not apply to the City of St. Louis. The assessor 9
shall be a resident of the county from which such person was 10
elected. No assessor shall have been required to register 11
as a sexual offender in this state, another state, or under 12
federal law. 13
2. The office of county assessor is created in each 14
county having township organization and a county assessor 15
shall be elected for each township organization county at 16
the next general election, or at a special election called 17
for that purpose by the governing body of such county. If a 18
special election is called, the state and each political 19
subdivision or special district submitting a candidate or 20
question at such election shall pay its proportional share 21
of the costs of the election, as provided by section 22
115.065. Such assessor shall assume off ice immediately upon 23
his election and qualification, and shall serve until his 24
successor is elected and qualified under the provisions of 25 SB 1037 4
subsection 1 of this section. Laws generally applicable to 26
county assessors, their offices, clerks, and deputies shall 27
apply to and govern county assessors in township 28
organization counties, and laws applicable to county 29
assessors, their offices, clerks, and deputies in third 30
class counties and laws applicable to county assessors, 31
their offices, clerks, and depu ties in fourth class counties 32
shall apply to and govern county assessors, their offices, 33
clerks, and deputies in township organization counties of 34
the respective classes, except that when such general laws 35
and such laws applicable to third and fourth c lass counties 36
conflict with the laws specially applicable to county 37
assessors, their offices, clerks, and deputies in township 38
organization counties, the laws specially applicable to 39
county assessors, their offices, clerks, and deputies in 40
township organization counties shall govern. 41
54.040. Except in a county with a charter form of 1
government, a candidate for county treasurer shall be at 2
least twenty-one years of age and a resident of the state of 3
Missouri and the county in whic h he or she is a candidate 4
for at least one year prior to the date of the general 5
election for such office. The candidate shall also be a 6
registered voter and shall be current in the payment of all 7
personal and real estate taxes. No county treasurer shall 8
have been required to register as a sexual offender in this 9
state, another state, or under federal law. Upon election 10
to such office, the person shall continue to reside in that 11
county during his or her tenure in office. Each candidate 12
for county treasurer shall also provide to the election 13
authority a copy of a signed affidavit from a surety company 14
authorized to do business in this state indicating that the 15 SB 1037 5
candidate meets the bond requirements for the office of 16
county treasurer under thi s chapter. 17
55.010. In all counties of the first class having a 1
charter form of government there shall be a county auditor 2
who is the budget officer and accounting officer of the 3
county and who shall perform all the duties imposed by the 4
county budget law upon the budget officer and accounting 5
officer. The county commission shall appoint and fix the 6
compensation of some competent person as county auditor, who 7
shall serve for a term of four years from and after the 8
first day of January, 1947, and until his successor is duly 9
appointed and qualified. In case of a vacancy in the office 10
of county auditor caused by death, resignation or otherwise, 11
the county commission shall appoint some qualified person 12
for the unexpired term of t he county auditor. The county 13
commission shall employ and fix the compensation of clerical 14
and other assistants to the county auditor necessary to 15
enable him to efficiently perform his duties. No person 16
elected as the county auditor shall have been r equired to 17
register as a sexual offender in this state, another state, 18
or under federal law. 19
55.060. No person shall be elected or appointed county 1
auditor of a county of the first class not having a charter 2
form of government or of a county of the second class unless 3
he is a citizen of the United States above the age of twenty - 4
one years, and has resided within the state for one whole 5
year and within the county for which he is elected or 6
appointed for three months immediately pre ceding the 7
election or his appointment. No person shall have been 8
required to register as a sexual offender in this state, 9
another state, or under federal law. He shall also be a 10
person familiar with the theory and practice of accounting 11 SB 1037 6
by education, training and experience and able to perform 12
the duties imposed upon the county auditor by the provisions 13
of this chapter. The county auditor shall, after his 14
appointment or election, reside in the county for which he 15
is auditor. 16
56.010. At the general election to be held in this 1
state in the year A.D. 1982, and every four years 2
thereafter, there shall be elected in each county of this 3
state a prosecuting attorney, who shall be a person learned 4
in the law, duly licensed to pra ctice as an attorney at law 5
in this state, and enrolled as such, at least twenty -one 6
years of age, who has never been required to register as a 7
sexual offender in this state, another state, or under 8
federal law, and who has been a bona fide resident of the 9
county in which he seeks election for twelve months next 10
preceding the date of the general election at which he is a 11
candidate for such office and shall hold his office for four 12
years, and until his successor is elected, commissioned and 13
qualified. 14
57.010. 1. At the general election to be held in 1
1948, and at each general election held every four years 2
thereafter, the voters in every county in this state shall 3
elect some suitable person sheriff. No person shall be 4
eligible for the office of sheriff who has been convicted of 5
a felony or has been required to register as a sexual 6
offender in this state, another state, or under federal 7
law. Such person shall be a resident taxpayer and elector 8
of said county, shall have re sided in said county for more 9
than one whole year next before filing for said office and 10
shall be a person capable of efficient law enforcement. 11
When any person shall be elected sheriff, such person shall 12
enter upon the discharge of the duties of such person's 13 SB 1037 7
office as chief law enforcement officer of that county on 14
the first day of January next succeeding said election. 15
2. No person shall be eligible for the office of 16
sheriff who does not hold a valid peace officer license 17
pursuant to chapter 590. Any person filing for the office 18
of sheriff shall have a valid peace officer license at the 19
time of filing for office. This subsection shall not apply 20
to the sheriff of any county of the first classification 21
with a charter form of government with a population over 22
nine hundred thousand or of any city not within a county. 23
58.030. No person shall be elected or appointed to the 1
office of coroner unless he be a citizen of the United 2
States, over the age of twenty -one years, has not been 3
required to register as a sexual offender in this state, 4
another state, or under federal law, and shall have resided 5
within the state one whole year, and within the county for 6
which he is elected, six months next preceding the election. 7
59.021. A candidate for county recorder where the 1
offices of the clerk of the court and recorder of deeds are 2
separate, except in any city not within a county or any 3
county having a charter form of government, shall be at 4
least twenty-one years of age, a registered voter, and a 5
resident of the state of Missouri as well as the county in 6
which he or she is a candidate for at least one year prior 7
to the date of the general election. Upon election to 8
office, the person shall contin ue to reside in that county 9
during his or her tenure in office. Each candidate for 10
county recorder shall provide to the election authority a 11
copy of an affidavit from a surety company authorized to do 12
business in this state that indicates the candidat e is able 13
to satisfy the bond requirements under section 59.100. No 14
county recorder shall have been required to register as a 15 SB 1037 8
sexual offender in this state, another state, or under 16
federal law. 17
60.010. 1. At the regular general el ection in the 1
year 1948, and every four years thereafter, the voters of 2
each county of this state in counties of the second, third, 3
and fourth classification shall elect a registered land 4
surveyor as county surveyor, who shall hold office for four 5
years and until a successor is duly elected, commissioned 6
and qualified. The person elected shall be commissioned by 7
the governor. 8
2. No person shall be elected or appointed surveyor 9
unless such person is a citizen of the United States, over 10
the age of twenty-one years, a registered land surveyor, and 11
shall have resided within the state one whole year. An 12
elected surveyor shall have resided within the county for 13
which the person is elected six months immediately prior to 14
election and shall afte r election continue to reside within 15
the county for which the person is surveyor. An appointed 16
surveyor need not reside within the county for which the 17
person is surveyor. No person elected or appointed surveyor 18
shall have been required to register a s a sexual offender in 19
this state, another state, or under federal law. 20
3. Notwithstanding the provisions of subsection 1 of 21
this section, or any other law to the contrary, the county 22
commission of any county of the third or fourth 23
classification may appoint a surveyor following the deadline 24
for filing for the office of surveyor, if no qualified 25
candidate files for the office in the general election in 26
which the office would have been on the ballot, provided 27
that the notice required by section 115.345 has been 28
published in at least one newspaper of general circulation 29
in the county. The appointed surveyor shall serve at the 30 SB 1037 9
pleasure of the county commission, however, an appointed 31
surveyor shall forfeit said office once a qualified 32
individual, who has been duly elected at a regularly 33
scheduled general election where the office of surveyor is 34
on the ballot and who has been commissioned by the governor, 35
takes office. The county commission shall fix appropriate 36
compensation, which need no t be equal to that of an elected 37
surveyor. 38
67.025. No county, city, town, or village officer 1
elected shall have been required to register as a sexual 2
offender in this state, another state, or under federal law. 3
77.040. A general election for the elective officers 1
of each city of the third class shall be held after the 2
organization of the city under the provisions of this 3
chapter and on municipal election days every two years 4
thereafter, the city council may by ordinance provide for 5
the nomination of officers by primary election; and 6
provided, that all certificates of nomination and petitions 7
therefor shall be filed with the city clerk and not with any 8
other officer. Any city organizing under the provisions of 9
this chapter may elect a mayor and may elect or provide for 10
the appointment of such other officers as may be necessary 11
to carry this chapter into effect, who shall hold office 12
until their successors are elected or appointed and 13
qualified; provided, that the assessor shall hold office 14
until the first day of September and until his successor is 15
elected or appointed and qualified, and the term of office 16
of the assessor in such cities shall commence on the first 17
day of September after the election a t which he is elected 18
or at such time as the city shall set the beginning of his 19
appointive term, if appointed. No elective officer under 20
the provisions of this chapter shall have been required to 21 SB 1037 10
register as a sexual offender in this state, another s tate, 22
or under federal law. 23
79.070. No person shall be an alderman unless he or 1
she is at least eighteen years of age, a citizen of the 2
United States, and an inhabitant and resident of the city 3
for one year next preceding his or her election, and a 4
resident, at the time he or she files and during the time he 5
or she serves, of the ward from which he or she is elected. 6
No person elected alderman shall have been required to 7
register as a sexual offender in this state, another state , 8
or under federal law. 9
79.080. No person shall be mayor unless he be at least 1
twenty-five years of age, a citizen of the United States and 2
a resident of the city at the time of and for at least one 3
year next preceding his election. No person elected mayor 4
shall have been required to register as a sexual offender in 5
this state, another state, or under federal law. 6
105.017. No officers elected or appointed by the 1
authority of the laws of this state shall have b een required 2
to register as a sexual offender in this state, another 3
state, or under federal law. 4