Missouri 2024 Regular Session

Missouri Senate Bill SB1037 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	SECOND REGULAR SESSION
5	5	SENATE BILL NO. 1037
6	6	102ND GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR RAZER.
8	8	3099S.02I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 49.020, 51.050, 52.010, 53.010, 54.040, 55.010, 55.060, 56.010, 57.010,
11	11	58.030, 59.021, 60.010, 77.040, 79.070, and 79.080, RSMo, and to enact in lieu thereof
12	12	seventeen new sections relating to public officers.
13	13
14	14	Be it enacted by the General Assembly of the State of Missouri, as follows:
15	15	Section A. Sections 49.020, 51.050, 52.010, 53.010, 1
16	16	54.040, 55.010, 55.060, 56.010, 57.010, 58.030, 59.021, 60.010, 2
17	17	77.040, 79.070, and 79.080, RSMo, are repealed and seventeen 3
18	18	new sections enacted in lieu thereof, to be known as sections 4
19	19	49.020, 51.050, 52.010, 53.010, 54.040, 55.010, 55.060, 56.010, 5
20	20	57.010, 58.030, 59.021, 60.010, 67.025, 77.040, 79.070, 79.080, 6
21	21	and 105.017, to read as follows:7
22	22	49.020. At the general election in the year 1996, and 1
23	23	every four years thereafter, the voters of each of the 2
24	24	districts shall elect a county commissioner, who shall hold 3
25	25	his office for a term of four years and until his successor 4
26	26	is duly elected and qualified; and at the general election 5
27	27	in the year 1882, and every four years thereafter, the 6
28	28	presiding commissioner of the county shall be elected by the 7
29	29	voters of the county at large, who shall hold his office for 8
30	30	the term of four years and until his successor is duly 9
31	31	elected and qualified. Each commissioner shall be a 10
32	32	resident of the county and each commissioner elected from a 11
33	33	district shall be a resi dent of the district from which such 12
34	34	commissioner was elected. No commissioner elected shall 13 SB 1037 2
35	35	have been required to register as a sexual offender in this 14
36	36	state, another state, or under federal law. Each 15
37	37	commissioner elected under the provisions of thi s chapter 16
38	38	shall enter upon the duties of his office on the first day 17
39	39	of January immediately after his election. 18
40	40	51.050. No person shall be elected or appointed clerk 1
41	41	of the county commission unless such person be a citizen of 2
42	42	the United States, over the age of twenty -one years, [and 3
43	43	shall have] resided within the state one whole year [,] and 4
44	44	within the county for which the person is elected one year 5
45	45	just prior to such person's election , and no person shall 6
46	46	have been required to re gister as a sexual offender in this 7
47	47	state, another state, or under federal law ; and every clerk 8
48	48	shall after the election continue to reside within the 9
49	49	county for which such person is clerk. 10
50	50	52.010. 1. At the general election in 1906 , and every 1
51	51	four years thereafter, a collector, to be styled the 2
52	52	collector of the revenue, shall be elected in each of the 3
53	53	counties of this state, except counties under township 4
54	54	organization, who shall hold his or her office for four 5
55	55	years and until his successor is duly elected and 6
56	56	qualified. The collector shall reside in the county from 7
57	57	which such person is elected throughout his or her term in 8
58	58	office. No collector shall have been required to register 9
59	59	as a sexual offender in this state, another state, or under 10
60	60	federal law. 11
61	61	2. Except in any county with a charter form of 12
62	62	government, a candidate for the office of collector shall be 13
63	63	at least twenty-one years of age and a resident of the state 14
64	64	and the county in which he or she is a candidat e for at 15
65	65	least one year prior to the date of filing for such office. 16
66	66	The candidate shall be a registered voter and current in the 17 SB 1037 3
67	67	payment of all state income taxes and personal and real 18
68	68	property taxes. 19
69	69	3. The candidate shall present to the elect ion 20
70	70	authority a copy of a signed affidavit from a surety company 21
71	71	authorized to do business in this state, indicating that the 22
72	72	candidate meets the statutory bond requirements for the 23
73	73	office for which the candidate is filing. 24
74	74	53.010. 1. At the general election in the year 1948 1
75	75	and every four years thereafter the qualified voters in each 2
76	76	county in this state shall elect a county assessor. Such 3
77	77	county assessors shall enter upon the discharge of their 4
78	78	duties on the first day of Sept ember next after their 5
79	79	election, and shall hold office for a term of four years, 6
80	80	and until their successors are elected and qualified, unless 7
81	81	sooner removed from office; provided, that this section 8
82	82	shall not apply to the City of St. Louis. The assessor 9
83	83	shall be a resident of the county from which such person was 10
84	84	elected. No assessor shall have been required to register 11
85	85	as a sexual offender in this state, another state, or under 12
86	86	federal law. 13
87	87	2. The office of county assessor is created in each 14
88	88	county having township organization and a county assessor 15
89	89	shall be elected for each township organization county at 16
90	90	the next general election, or at a special election called 17
91	91	for that purpose by the governing body of such county. If a 18
92	92	special election is called, the state and each political 19
93	93	subdivision or special district submitting a candidate or 20
94	94	question at such election shall pay its proportional share 21
95	95	of the costs of the election, as provided by section 22
96	96	115.065. Such assessor shall assume off ice immediately upon 23
97	97	his election and qualification, and shall serve until his 24
98	98	successor is elected and qualified under the provisions of 25 SB 1037 4
99	99	subsection 1 of this section. Laws generally applicable to 26
100	100	county assessors, their offices, clerks, and deputies shall 27
101	101	apply to and govern county assessors in township 28
102	102	organization counties, and laws applicable to county 29
103	103	assessors, their offices, clerks, and deputies in third 30
104	104	class counties and laws applicable to county assessors, 31
105	105	their offices, clerks, and depu ties in fourth class counties 32
106	106	shall apply to and govern county assessors, their offices, 33
107	107	clerks, and deputies in township organization counties of 34
108	108	the respective classes, except that when such general laws 35
109	109	and such laws applicable to third and fourth c lass counties 36
110	110	conflict with the laws specially applicable to county 37
111	111	assessors, their offices, clerks, and deputies in township 38
112	112	organization counties, the laws specially applicable to 39
113	113	county assessors, their offices, clerks, and deputies in 40
114	114	township organization counties shall govern. 41
115	115	54.040. Except in a county with a charter form of 1
116	116	government, a candidate for county treasurer shall be at 2
117	117	least twenty-one years of age and a resident of the state of 3
118	118	Missouri and the county in whic h he or she is a candidate 4
119	119	for at least one year prior to the date of the general 5
120	120	election for such office. The candidate shall also be a 6
121	121	registered voter and shall be current in the payment of all 7
122	122	personal and real estate taxes. No county treasurer shall 8
123	123	have been required to register as a sexual offender in this 9
124	124	state, another state, or under federal law. Upon election 10
125	125	to such office, the person shall continue to reside in that 11
126	126	county during his or her tenure in office. Each candidate 12
127	127	for county treasurer shall also provide to the election 13
128	128	authority a copy of a signed affidavit from a surety company 14
129	129	authorized to do business in this state indicating that the 15 SB 1037 5
130	130	candidate meets the bond requirements for the office of 16
131	131	county treasurer under thi s chapter. 17
132	132	55.010. In all counties of the first class having a 1
133	133	charter form of government there shall be a county auditor 2
134	134	who is the budget officer and accounting officer of the 3
135	135	county and who shall perform all the duties imposed by the 4
136	136	county budget law upon the budget officer and accounting 5
137	137	officer. The county commission shall appoint and fix the 6
138	138	compensation of some competent person as county auditor, who 7
139	139	shall serve for a term of four years from and after the 8
140	140	first day of January, 1947, and until his successor is duly 9
141	141	appointed and qualified. In case of a vacancy in the office 10
142	142	of county auditor caused by death, resignation or otherwise, 11
143	143	the county commission shall appoint some qualified person 12
144	144	for the unexpired term of t he county auditor. The county 13
145	145	commission shall employ and fix the compensation of clerical 14
146	146	and other assistants to the county auditor necessary to 15
147	147	enable him to efficiently perform his duties. No person 16
148	148	elected as the county auditor shall have been r equired to 17
149	149	register as a sexual offender in this state, another state, 18
150	150	or under federal law. 19
151	151	55.060. No person shall be elected or appointed county 1
152	152	auditor of a county of the first class not having a charter 2
153	153	form of government or of a county of the second class unless 3
154	154	he is a citizen of the United States above the age of twenty - 4
155	155	one years, and has resided within the state for one whole 5
156	156	year and within the county for which he is elected or 6
157	157	appointed for three months immediately pre ceding the 7
158	158	election or his appointment. No person shall have been 8
159	159	required to register as a sexual offender in this state, 9
160	160	another state, or under federal law. He shall also be a 10
161	161	person familiar with the theory and practice of accounting 11 SB 1037 6
162	162	by education, training and experience and able to perform 12
163	163	the duties imposed upon the county auditor by the provisions 13
164	164	of this chapter. The county auditor shall, after his 14
165	165	appointment or election, reside in the county for which he 15
166	166	is auditor. 16
167	167	56.010. At the general election to be held in this 1
168	168	state in the year A.D. 1982, and every four years 2
169	169	thereafter, there shall be elected in each county of this 3
170	170	state a prosecuting attorney, who shall be a person learned 4
171	171	in the law, duly licensed to pra ctice as an attorney at law 5
172	172	in this state, and enrolled as such, at least twenty -one 6
173	173	years of age, who has never been required to register as a 7
174	174	sexual offender in this state, another state, or under 8
175	175	federal law, and who has been a bona fide resident of the 9
176	176	county in which he seeks election for twelve months next 10
177	177	preceding the date of the general election at which he is a 11
178	178	candidate for such office and shall hold his office for four 12
179	179	years, and until his successor is elected, commissioned and 13
180	180	qualified. 14
181	181	57.010. 1. At the general election to be held in 1
182	182	1948, and at each general election held every four years 2
183	183	thereafter, the voters in every county in this state shall 3
184	184	elect some suitable person sheriff. No person shall be 4
185	185	eligible for the office of sheriff who has been convicted of 5
186	186	a felony or has been required to register as a sexual 6
187	187	offender in this state, another state, or under federal 7
188	188	law. Such person shall be a resident taxpayer and elector 8
189	189	of said county, shall have re sided in said county for more 9
190	190	than one whole year next before filing for said office and 10
191	191	shall be a person capable of efficient law enforcement. 11
192	192	When any person shall be elected sheriff, such person shall 12
193	193	enter upon the discharge of the duties of such person's 13 SB 1037 7
194	194	office as chief law enforcement officer of that county on 14
195	195	the first day of January next succeeding said election. 15
196	196	2. No person shall be eligible for the office of 16
197	197	sheriff who does not hold a valid peace officer license 17
198	198	pursuant to chapter 590. Any person filing for the office 18
199	199	of sheriff shall have a valid peace officer license at the 19
200	200	time of filing for office. This subsection shall not apply 20
201	201	to the sheriff of any county of the first classification 21
202	202	with a charter form of government with a population over 22
203	203	nine hundred thousand or of any city not within a county. 23
204	204	58.030. No person shall be elected or appointed to the 1
205	205	office of coroner unless he be a citizen of the United 2
206	206	States, over the age of twenty -one years, has not been 3
207	207	required to register as a sexual offender in this state, 4
208	208	another state, or under federal law, and shall have resided 5
209	209	within the state one whole year, and within the county for 6
210	210	which he is elected, six months next preceding the election. 7
211	211	59.021. A candidate for county recorder where the 1
212	212	offices of the clerk of the court and recorder of deeds are 2
213	213	separate, except in any city not within a county or any 3
214	214	county having a charter form of government, shall be at 4
215	215	least twenty-one years of age, a registered voter, and a 5
216	216	resident of the state of Missouri as well as the county in 6
217	217	which he or she is a candidate for at least one year prior 7
218	218	to the date of the general election. Upon election to 8
219	219	office, the person shall contin ue to reside in that county 9
220	220	during his or her tenure in office. Each candidate for 10
221	221	county recorder shall provide to the election authority a 11
222	222	copy of an affidavit from a surety company authorized to do 12
223	223	business in this state that indicates the candidat e is able 13
224	224	to satisfy the bond requirements under section 59.100. No 14
225	225	county recorder shall have been required to register as a 15 SB 1037 8
226	226	sexual offender in this state, another state, or under 16
227	227	federal law. 17
228	228	60.010. 1. At the regular general el ection in the 1
229	229	year 1948, and every four years thereafter, the voters of 2
230	230	each county of this state in counties of the second, third, 3
231	231	and fourth classification shall elect a registered land 4
232	232	surveyor as county surveyor, who shall hold office for four 5
233	233	years and until a successor is duly elected, commissioned 6
234	234	and qualified. The person elected shall be commissioned by 7
235	235	the governor. 8
236	236	2. No person shall be elected or appointed surveyor 9
237	237	unless such person is a citizen of the United States, over 10
238	238	the age of twenty-one years, a registered land surveyor, and 11
239	239	shall have resided within the state one whole year. An 12
240	240	elected surveyor shall have resided within the county for 13
241	241	which the person is elected six months immediately prior to 14
242	242	election and shall afte r election continue to reside within 15
243	243	the county for which the person is surveyor. An appointed 16
244	244	surveyor need not reside within the county for which the 17
245	245	person is surveyor. No person elected or appointed surveyor 18
246	246	shall have been required to register a s a sexual offender in 19
247	247	this state, another state, or under federal law. 20
248	248	3. Notwithstanding the provisions of subsection 1 of 21
249	249	this section, or any other law to the contrary, the county 22
250	250	commission of any county of the third or fourth 23
251	251	classification may appoint a surveyor following the deadline 24
252	252	for filing for the office of surveyor, if no qualified 25
253	253	candidate files for the office in the general election in 26
254	254	which the office would have been on the ballot, provided 27
255	255	that the notice required by section 115.345 has been 28
256	256	published in at least one newspaper of general circulation 29
257	257	in the county. The appointed surveyor shall serve at the 30 SB 1037 9
258	258	pleasure of the county commission, however, an appointed 31
259	259	surveyor shall forfeit said office once a qualified 32
260	260	individual, who has been duly elected at a regularly 33
261	261	scheduled general election where the office of surveyor is 34
262	262	on the ballot and who has been commissioned by the governor, 35
263	263	takes office. The county commission shall fix appropriate 36
264	264	compensation, which need no t be equal to that of an elected 37
265	265	surveyor. 38
266	266	67.025. No county, city, town, or village officer 1
267	267	elected shall have been required to register as a sexual 2
268	268	offender in this state, another state, or under federal law. 3
269	269	77.040. A general election for the elective officers 1
270	270	of each city of the third class shall be held after the 2
271	271	organization of the city under the provisions of this 3
272	272	chapter and on municipal election days every two years 4
273	273	thereafter, the city council may by ordinance provide for 5
274	274	the nomination of officers by primary election; and 6
275	275	provided, that all certificates of nomination and petitions 7
276	276	therefor shall be filed with the city clerk and not with any 8
277	277	other officer. Any city organizing under the provisions of 9
278	278	this chapter may elect a mayor and may elect or provide for 10
279	279	the appointment of such other officers as may be necessary 11
280	280	to carry this chapter into effect, who shall hold office 12
281	281	until their successors are elected or appointed and 13
282	282	qualified; provided, that the assessor shall hold office 14
283	283	until the first day of September and until his successor is 15
284	284	elected or appointed and qualified, and the term of office 16
285	285	of the assessor in such cities shall commence on the first 17
286	286	day of September after the election a t which he is elected 18
287	287	or at such time as the city shall set the beginning of his 19
288	288	appointive term, if appointed. No elective officer under 20
289	289	the provisions of this chapter shall have been required to 21 SB 1037 10
290	290	register as a sexual offender in this state, another s tate, 22
291	291	or under federal law. 23
292	292	79.070. No person shall be an alderman unless he or 1
293	293	she is at least eighteen years of age, a citizen of the 2
294	294	United States, and an inhabitant and resident of the city 3
295	295	for one year next preceding his or her election, and a 4
296	296	resident, at the time he or she files and during the time he 5
297	297	or she serves, of the ward from which he or she is elected. 6
298	298	No person elected alderman shall have been required to 7
299	299	register as a sexual offender in this state, another state , 8
300	300	or under federal law. 9
301	301	79.080. No person shall be mayor unless he be at least 1
302	302	twenty-five years of age, a citizen of the United States and 2
303	303	a resident of the city at the time of and for at least one 3
304	304	year next preceding his election. No person elected mayor 4
305	305	shall have been required to register as a sexual offender in 5
306	306	this state, another state, or under federal law. 6
307	307	105.017. No officers elected or appointed by the 1
308	308	authority of the laws of this state shall have b een required 2
309	309	to register as a sexual offender in this state, another 3
310	310	state, or under federal law. 4
311	311	