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SECOND REGULAR SESSION
HOUSE BILL NO. 2100
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE AMA TO .
41 18H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 77.030 and 77.370, RSMo, and to enact in lieu thereof two new sections
relating to terms of certain elected official s of cities of the third classification.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 77.030 and 77.370, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 77.030 and 77.370, to read as follows:
77.030. 1. Unless it elects to be governed by subsection 2 of this section, the council
2 shall by ordinance divide the city into not less than four wards, and two [ councilmen ] council
3 members shall be elected from each of such wards by the qualified voters thereof at the first
4 election for [ councilmen ] council members in cities hereafter adopting the provisions of this
5 chapter; the one receiving the highest number of votes in each ward shall hold [ his ] of fice for
6 two years, and the one receiving the next highest number of votes shall hold [ his ] of fice for
7 one year; but thereafter each ward shall elect annually one [ councilman ] council member ,
8 who shall hold [ his ] of fice for two years.
9 2. In lieu of electing [ councilmen ] council members as provided in subsection 1 of
10 this section, the council may elect to establish wards and elect [ councilmen ] council
11 members as provided in this subsection. If the council so elects, it shall, by ordinance, divide
12 the city into not less than four wards, and one [ councilman ] council member shall be elected
13 from each of such wards by the qualified voters thereof at the first election for [ councilmen ]
14 council members held in the city after it adopts the provisions of this subsection. At the first
15 election held under this subsection the [ councilmen ] council members elected from the odd-
16 numbered wards shall be elected for a term of one year and the [ councilmen ] council
17 members elected from the even-numbered wards shall be elected for a term of two years. At
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 each annual election held thereafter , successors for [ councilmen ] council members whose
19 terms expire in such year shall be elected for a term of two years.
20 3. (1) Council members may serve four -year terms if the two-year terms provided
21 under subsection 1 or 2 of this section have been extended to four years by approval of a
22 majority of the voters voting on the proposal.
23 (2) The ballot of submission shall be in substantially the following form:
24 Shall the terms of council members which are currently set at two years
25 in ______ (city) be extended to four years for members elected after
26 August 28, 2013?
27 YES NO
28 (3) If a majority of the voters voting approve the proposal authorized in this
29 subsection, the members of council who would serve two years under subsections 1 and 2 of
30 this section shall be elected to four- year terms beginning with any election occurring after
31 approval of the ballot question.
32 4. (1) A city of the third classification may adopt term limits for the office of
33 council member as prov ided in this subsection as follows:
34 (a) The governing body of a city that desires to adopt term limits as pro vided in
35 this subsection shall, by order , ordinance, or res olution, vote on the question of adopting
36 such term limits. Upon the appr oval of the question by a majority of the total number of
37 city council members, the governing body shall submit the question to the register ed
38 voters of the city for appr oval or rej ection of the adoption of such term limits on the next
39 day available for an election in such city; or
40 (b) If the governing body of a city recei ves a petition, signed by at least ten
41 per cent of the number of registe red voters of the city voting in the last election for
42 mayor , calling for the city to adopt term limits as pro vided in this subsection, the
43 governing body shall submit the question to the r egister ed voters of the city for appr oval
44 or r ejection of the adoption of such term limits on the next day available for an election
45 in such city .
46 (2) If a majority of the reg istered voters of the city voting on a question
47 submitted under subdivision (1) of this subsection appr ove the adoption of term limits,
48 the office of council member shall be subject to the term limits described in subdivision
49 (3) of this subsection. If a majority of the re gistered voters of the city voting on the
50 question re ject the adoption of term limits, no term limits as described in this subsection
51 shall apply .
52 (3) T erm limits adopted under this subsection shall apply to the office of council
53 member as follows:
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54 (a) A council member subject to term limits shall be ineligible to hold the office
55 of council member after serving four terms of office as council member; and
56 (b) Such term limits shall apply to terms beginning on or after the date on which
57 such term limits are adopted by the voters.
77.370. 1. Except as hereinafter provided, the following of ficers shall be elected by
2 the voters of the city: mayor , police judge, attorney , assessor , collector , treasurer and, except
3 in cities which adopt the merit system police department, a marshal.
4 2. Notwithstanding the provisions of subsection 1 of this section, in cities which
5 contract with another entity for police service, the city council may eliminate the of fice of
6 marshal.
7 3. The attorney shall be a person licensed to practice law in Missouri, and the council,
8 by ordinance, may provide for the appointment of an attorney , by the mayor with the approval
9 of the council, in lieu of electing an attorney . If so appointed [ he ] such attorney shall serve
10 at the pleasure of the mayor and council.
11 4. Whenever a city contracts for the assessment of property or the collection of taxes
12 with either a public or private entity as authorized by section 70.220, the city council may by
13 ordinance provide that at the expiration of the term of the then city assessor or collector , as
14 the case may be, the of fice is abolished and thereafter no election shall be had to fill the
15 of fice; except that in the event the contract expires and, for any reason, is not renewed, the
16 council may by ordinance provide for the election of such of ficer at the next and succeeding
17 regular elections for municipal of ficers.
18 5. The term of of fice for each of the of ficers is two years except the of fice of mayor
19 and the marshal which are four- year terms. All of ficers hold office until their successors are
20 duly elected or appointed and qualified.
21 6. The council, by ordinance, may provide that any of ficer of the city except the
22 mayor and the councilmen shall be appointed instead of elected. Such ordinance shall set the
23 manner of appointment, in accordance with section 77.330, and the term of office for each
24 appointive of ficer , which term shall not exceed four years.
25 7. (1) A city of the third classification may adopt term limits for the office of
26 mayor as pr ovided in this subsection as follows:
27 (a) The governing body of a city that desires to adopt term limits as pro vided in
28 this subsection shall, by order , ordinance, or res olution, vote on the question of adopting
29 such term limits. Upon the appr oval of the question by a majority of the total number of
30 city council members, the governing body shall submit the question to the register ed
31 voters of the city for appr oval or rej ection of the adoption of such term limits on the next
32 day available for an election in such city; or
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33 (b) If the governing body of a city recei ves a petition, signed by at least ten
34 per cent of the number of registe red voters of the city voting in the last election for
35 mayor , calling for the city to adopt term limits as pro vided in this subsection, the
36 governing body shall submit the question to the r egister ed voters of the city for appr oval
37 or r ejection of the adoption of such term limits on the next day available for an election
38 in such city .
39 (2) If a majority of the reg istered voters of the city voting on a question
40 submitted under subdivision (1) of this subsection appr ove the adoption of term limits,
41 the office of mayor shall be subject to the term limits described in subdivision (3) of this
42 subsection. If a majority of the r egister ed voters of the city voting on the question reject
43 the adoption of term limits, no term limits as described in this subsection shall apply .
44 (3) T erm limits adopted under this subsection shall apply to the office of mayor
45 as follows:
46 (a) A mayor subject to term limits shall be ineligible to hold the office of mayor
47 after serving two terms of office as mayor; and
48 (b) Such term limits shall apply to terms beginning on or after the date on which
49 such term limits are adopted by the voters.
✔
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