1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 644 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR CRAWFORD. |
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8 | 8 | | 2477S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal section 29.230, RSMo, and to enact in lieu thereof one new section relating to audits of |
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11 | 11 | | political subdivisions. |
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12 | 12 | | |
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13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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14 | 14 | | Section A. Section 29.230, RSMo, is repealed and one new 1 |
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15 | 15 | | section enacted in lieu thereof, to be known as section 29.230, 2 |
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16 | 16 | | to read as follows:3 |
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17 | 17 | | 29.230. 1. In every county which does not elect a 1 |
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18 | 18 | | county auditor, the state auditor shall audit, without cost 2 |
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19 | 19 | | to the county, at least once during the term for which any 3 |
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20 | 20 | | county officer is chosen, the accounts of the various county 4 |
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21 | 21 | | officers supported in whole or in part by public moneys. 5 |
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22 | 22 | | 2. The state auditor shall audit any political 6 |
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23 | 23 | | subdivision of the state, including counties having a county 7 |
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24 | 24 | | auditor, if requested to do so by a petition submitted by a 8 |
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25 | 25 | | person who resides or owns real property within the 9 |
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26 | 26 | | boundaries or area of service of the political subdivision 10 |
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27 | 27 | | and such petition is submitted to the state auditor within 11 |
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28 | 28 | | one year from requesting the petition from the state auditor 12 |
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29 | 29 | | and is signed by the requisite percent of the qualified 13 |
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30 | 30 | | voters of the political subdivision. The requisite percent 14 |
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31 | 31 | | of qualified voters to cause such an audit to be conducted 15 |
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32 | 32 | | shall be determined as follows: 16 |
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33 | 33 | | (1) If the number of qualified voters of the political 17 |
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34 | 34 | | subdivision determined on the basis of the votes cast in the 18 SB 644 2 |
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35 | 35 | | last gubernatorial election held prior to the [filing] 19 |
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36 | 36 | | requesting of the petition from the state auditor is less 20 |
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37 | 37 | | than one thousand, twenty -five percent of the qualified 21 |
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38 | 38 | | voters of the political subdivision determined on the basis 22 |
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39 | 39 | | of the registered voters e ligible to vote at the last 23 |
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40 | 40 | | gubernatorial election held prior to the [filing] requesting 24 |
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41 | 41 | | of the petition; 25 |
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42 | 42 | | (2) If the number of qualified voters of the political 26 |
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43 | 43 | | subdivision determined on the basis of the votes cast in the 27 |
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44 | 44 | | last gubernatorial elect ion held prior to the [filing] 28 |
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45 | 45 | | requesting of the petition from the state auditor is one 29 |
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46 | 46 | | thousand or more but less than five thousand, fifteen 30 |
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47 | 47 | | percent of the qualified voters of the political subdivision 31 |
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48 | 48 | | determined on the basis of the votes cast in the last 32 |
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49 | 49 | | gubernatorial election held prior to the [filing] requesting 33 |
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50 | 50 | | of the petition, provided that the number of qualified 34 |
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51 | 51 | | voters signing such petition is not less than two hundred; 35 |
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52 | 52 | | (3) If the number of qualified voters of the political 36 |
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53 | 53 | | subdivision determined on the basis of the votes cast in the 37 |
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54 | 54 | | last gubernatorial election held prior to the [filing] 38 |
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55 | 55 | | requesting of the petition from the state auditor is five 39 |
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56 | 56 | | thousand or more but less than fifty thousand, ten percent 40 |
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57 | 57 | | of the qualified voters of the political subdivision 41 |
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58 | 58 | | determined on the basis of the votes cast in the last 42 |
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59 | 59 | | gubernatorial election held prior to the [filing] requesting 43 |
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60 | 60 | | of the petition, provided that the number of qualified 44 |
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61 | 61 | | voters signing such petition is not less than seven hundred 45 |
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62 | 62 | | fifty; 46 |
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63 | 63 | | (4) If the number of qualified voters of the political 47 |
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64 | 64 | | subdivision determined on the basis of the votes cast in the 48 |
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65 | 65 | | last gubernatorial election held prior to the [filing] 49 |
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66 | 66 | | requesting of the petition from the state auditor is fifty 50 SB 644 3 |
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67 | 67 | | thousand or more, five percent of the qualified voters of 51 |
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68 | 68 | | the political subdivision determined on the basis of the 52 |
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69 | 69 | | votes cast in the last gubernatorial election held prior to 53 |
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70 | 70 | | the [filing] requesting of the petition, provided that the 54 |
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71 | 71 | | number of qualified voter s signing such petition is not less 55 |
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72 | 72 | | than five thousand. 56 |
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73 | 73 | | 3. The political subdivision shall pay the actual cost 57 |
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74 | 74 | | of audit. The petition that requests an audit of a 58 |
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75 | 75 | | political subdivision shall state on its face the estimated 59 |
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76 | 76 | | cost of the audit and t hat it will be paid by the political 60 |
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77 | 77 | | subdivision being audited. The estimated cost of the audit 61 |
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78 | 78 | | shall be provided by the state auditor within sixty days of 62 |
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79 | 79 | | such request. The costs of the audit may be billed and paid 63 |
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80 | 80 | | on an interim basis with individua l billing periods to be 64 |
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81 | 81 | | set at the state auditor's discretion. Moneys held by the 65 |
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82 | 82 | | state on behalf of a political subdivision may be used to 66 |
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83 | 83 | | offset unpaid billings for audit costs of the political 67 |
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84 | 84 | | subdivision. All moneys received by the state in payme nt of 68 |
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85 | 85 | | the costs of petition audits shall be deposited in the state 69 |
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86 | 86 | | treasury and credited to the "Petition Audit Revolving Trust 70 |
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87 | 87 | | Fund" which is hereby created with the state treasurer as 71 |
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88 | 88 | | custodian. The general assembly may appropriate additional 72 |
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89 | 89 | | moneys to the fund as it deems necessary. The state auditor 73 |
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90 | 90 | | shall administer the fund and approve all disbursements, 74 |
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91 | 91 | | upon appropriation, from the fund to apply to the costs of 75 |
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92 | 92 | | performing petition audits. The provisions of section 76 |
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93 | 93 | | 33.080 to the contrary no twithstanding, money in the fund 77 |
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94 | 94 | | shall not be transferred and placed to the credit of general 78 |
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95 | 95 | | revenue until the amount in the fund at the end of any 79 |
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96 | 96 | | biennium exceeds one million dollars. The amount in the 80 |
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97 | 97 | | fund which shall lapse is the amount which exc eeds one 81 |
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98 | 98 | | million dollars. No political subdivision shall be audited 82 SB 644 4 |
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99 | 99 | | by petition more than once in any three calendar or fiscal 83 |
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100 | 100 | | years. 84 |
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101 | 101 | | 4. Any person who allegedly signed or has signed the 85 |
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102 | 102 | | original petition may submit a sworn statement to the stat e 86 |
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103 | 103 | | auditor that the person did not sign such petition or that 87 |
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104 | 104 | | the person wishes to rescind such signature. Such statement 88 |
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105 | 105 | | shall be required to be made within ten days from submission 89 |
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106 | 106 | | of the petition to the state auditor. If such statement is 90 |
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107 | 107 | | timely filed, such signature shall be withdrawn and shall 91 |
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108 | 108 | | not count in the determination of the number of qualified 92 |
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109 | 109 | | voters necessary to compel an audit under subsection 2 of 93 |
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110 | 110 | | this section. 94 |
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111 | 111 | | |
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