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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
SENA TE SUBSTITUTE NO. 2 FOR
SENA TE COMMITTEE SUBSTITUTE FOR
SENA TE BILL NO. 1023
103RD GENERAL ASSEMBL Y
5365H.09C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 50.333, 1 15.127, 182.291, 182.71 1, 182.802, and 247.220, RSMo, and to
enact in lieu thereof seven new sections relating to political subdivisions, with an
emer gency clause for a certain section.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 50.333, 1 15.127, 182.291, 182.71 1, 182.802, and 247.220,
2 RSMo, are repealed and seven new sections enacted in lieu thereof, to be known as sections
3 50.333, 1 15.127, 182.291, 182.71 1, 182.802, 247.220, and 31 1.038, to read as follows:
50.333. 1. There shall be a salary commission in every nonchartered county .
2 2. The clerk or court administrator of the circuit court of the judicial circuit in which
3 such county is located shall set a date, time and place for the salary commission meeting and
4 serve as temporary [ chairman ] chair of the salary commission until the members of the
5 commission elect a [ chairman ] chair from their number . Upon written request of a majority
6 of the salary commission members the clerk or court administrator of the circuit court shall
7 forthwith set the earliest date possible for a meeting of the salary commission. The circuit
8 clerk or court administrator shall give notice of the time and place of any meeting of the
9 salary commission. Such notice shall be published in a newspaper of general circulation in
10 such county at least five days prior to such meeting. Such notice shall contain a general
11 description of the business to be discussed at such meeting.
12 3. The members of the salary commission shall be:
13 (1) The recorder of deeds if the recorder's of fice is separate from that of the circuit
14 clerk;
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.
15 (2) The county clerk;
16 (3) [The prosecuting attorney;
17 (4) The sheriff ;
18 (5) ] The county commissioners;
19 [ (6) ] (4) The collector or treasurer ex of ficio collector;
20 [ (7) ] (5) The treasurer or treasurer ex of ficio collector;
21 [ (8) ] (6) The assessor;
22 [ (9) ] (7) The auditor;
23 [ (10) ] (8) The public administrator; and
24 [ (1 1) ] (9) The coroner .
25
26 In a county with mor e than one hundred fifty thousand but fewer than two hundr ed
27 thousand inhabitants, the prosecuting attorney and the sheriff shall be members of the
28 salary commission. In any county that utilizes assistant pr osecuting attorneys, such
29 assistant prosecuting attorneys shall be members of the salary commission.
30 4. Members of the salary commission shall receive no additional compensation for
31 their services as members of the salary commission. A majority of members shall constitute a
32 quorum.
33 [ 4. ] 5. Notwithstanding the provisions of sections 610.021 and 610.022, all meetings
34 of a county salary commission shall be open meetings and all votes taken at such meetings
35 shall be open records. Any vote taken at any meeting of the salary commission shall be taken
36 by recorded yeas and nays.
37 [ 5. ] 6. In every county , the salary commission shall meet at least once before
38 November thirtieth of each odd-numbered year and may meet in any even-numbered year .
39 The salary commission may meet as many times as it deems necessary and may meet after
40 November thirtieth and prior to December fifteenth of any odd-numbered year if the
41 commission has met at least once prior to November thirtieth of that year . At any meeting of
42 the salary commission, the members shall elect a [ chairman ] chair from their number . The
43 county clerk shall present a report on the financial condition of the county to the commission
44 once the [ chairman ] chair is elected, and shall keep the minutes of the meeting.
45 [ 6. ] 7. For purposes of this section, the 1988 base compensation is the compensation
46 paid on September 1, 1987, plus the same percentage increase paid or allowed, whichever is
47 greater , to the presiding commissioner or the sherif f, whichever is greater , of that county for
48 the year beginning January 1, 1988. Such increase shall be expressed as a percentage of the
49 dif ference between the maximum allowable compensation and the compensation paid on
50 September 1, 1987. [ At its meeting in 1987 and at any meeting held in 1988, the salary
51 commission shall determine the compensation to be paid to every county of ficer holding
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52 of fice on January 1, 1988. ] The salary commission shall establish the compensation for each
53 of fice at an amount not greater than that set by law as the maximum compensation. If the
54 salary commission votes to increase compensation, but not to pay the maximum amount
55 authorized by law for any of ficer or of fice, then the increase in compensation shall be the
56 same percentage increase for all of ficers and offices and shall be expressed as a percentage of
57 the dif ference between the maximum allowable compensation and the compensation being
58 received at the time of the vote. If two-thirds of the members of the salary commission vote
59 to decrease the compensation being received at the time of the vote below that compensation,
60 all of ficers shall receive the same percentage decrease. The commission may vote not to
61 increase or decrease the compensation and that compensation shall continue to be the salary
62 of such of fices and of ficers during the subsequent term of of fice.
63 [ 7. ] 8. For the year 1989 and every second year thereafter , the salary commission
64 shall meet in every county as many times as it deems necessary on or prior to November
65 thirtieth of any such year for the purpose of determining the amount of compensation to be
66 paid to county of ficials. For each year in which the commission meets, the members shall
67 elect a [ chairman ] chair from their number . The county clerk shall present a report on the
68 financial condition of the county to the commission once the [ chairman ] chair is elected, and
69 shall keep minutes of the meeting. The salary commission shall then consider the
70 compensation to be paid for the next term of of fice for each county of ficer to be elected at
71 their next general election. If the commission votes not to increase or decrease the
72 compensation, the salary being paid during the term in which the vote was taken shall
73 continue as the salary of such of fices and of ficers during the subsequent term of of fice. If the
74 salary commission votes to increase the compensation, all of ficers or of fices whose
75 compensation is being considered by the commission at that time shall receive the same
76 percentage of the maximum allowable compensation. However , for any county in which all
77 of fices' and of ficers' salaries have been set at one hundred percent of the maximum allowable
78 compensation, the commission may vote to increase the compensation of all of fices except
79 that of full-time prosecuting attorneys at that or any subsequent meeting of the salary
80 commission without regard to any law or maximum limitation established by law . Such
81 increase shall be expressed as a percentage of the compensation being paid during the term of
82 of fice when the vote is taken, and each of ficer or of fice whose compensation is being
83 established by the salary commission at that time shall receive the same percentage increase
84 over the compensation being paid for that of fice during the term when the vote is taken. This
85 increase shall be in addition to any increase mandated by an of ficial's salary schedule because
86 of changes in assessed valuation during the current term. If the salary commission votes to
87 decrease the compensation, a vote of two-thirds or more of all the members of the salary
88 commission shall be required before the salary or other compensation of any county of fice
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89 shall be decreased below the compensation being paid for the particular of fice on the date the
90 salary commission votes, and all of ficers and of fices shall receive the same percentage
91 decrease.
92 [ 8. ] 9. The salary commission shall issue, not later than December fifteenth of any
93 year in which it meets, a report of compensation to be paid to each officer and the
94 compensation so set shall be paid beginning with the start of the subsequent term of of fice of
95 each of ficer . The report of compensation shall be certified to the clerk of the county
96 commission for the county and shall be in substantially the following form:
97 The salary commission for ______County hereby certifies that it has met pursuant to
98 law to establish compensation for county of ficers to be paid to such of ficers during the next
99 term of of fice for the of ficers affected. The salary commission reports that there shall be (no
100 increase in compensation) (an increase of ______percent) (a decrease of ______percent)
101 (county of ficer's salaries set at ______percent of the maximum allowable compensation).
102
103 Salaries shall be adjusted each year on the of ficial's year of incumbency for any change in the
104 last completed assessment that would af fect the maximum allowable compensation for that
105 of fice.
106 [ 9. ] 10. For the meeting in 1989 and every meeting thereafter , in the event a salary
107 commission in any county fails, neglects or refuses to meet as provided in this section, or in
108 the event a majority of the salary commission is unable to reach an agreement and so reports
109 or fails to certify a salary report to the clerk of the county commission by December fifteenth
110 of any year in which a report is required to be certified by this section, then the compensation
111 being paid to each affected of fice or of ficer on such date shall continue to be the
112 compensation paid to the af fected of fice or officer during the succeeding term of of fice.
113 [ 10. ] 1 1. Other provisions of law notwithstanding, in every instance where an of ficer
114 or employee of any county is paid a mileage allowance or reimbursement, the county
115 commission shall allow or reimburse such of ficers or employees out of the county treasury at
116 the highest rate paid to any county officer for each mile actually and necessarily traveled in
117 the performance of their of ficial duties. The county commission of any county may elect to
118 pay a mileage allowance for any county commissioner for travel going to and returning from
119 the place of holding commission meetings and for all other necessary travel on official county
120 business in the personal motor vehicle of the commissioner presenting the claim. The
121 governing body of any county of the first classification [ not having a charter form of
122 government ] may provide by order for the payment of mileage expenses of elected and
123 appointed county of ficials by payment of a certain amount monthly which would reflect the
124 average monthly mileage expenses of such of ficer based on the amount allowed pursuant to
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125 state law for the payment of mileage for state employees. Any order entered for such purpose
126 shall not be construed as salary , wages or other compensation for services rendered.
127 [ 1 1. ] 12. The term "maximum allowable compensation" as used in this section means
128 the highest compensation which may be paid to the specified officer or of fice in the particular
129 county based on the salary schedule established by law for the specified of ficer or of fice. If
130 the salary commission at its meeting in 1987 voted for one hundred percent of the maximum
131 allowable compensation and does not change such vote at its meeting held within thirty days
132 after May 13, 1988, as provided in subsection 6 of this section, the one hundred percent shall
133 be calculated on the basis of the total allowable compensation permitted after May 13, 1988.
134 [ 12. ] 13. At the salary commission meeting which establishes the percentage rate to
135 be applied to county of ficers during the next term of office, the salary commission may
136 authorize the further adjustment of such of ficers' compensation as a cost-of-living component
137 and ef fective January first of each year , the compensation for county of ficers may be adjusted
138 by the county commission, and if the adjustment of compensation is authorized, the
139 percentage increase shall be the same for all county officers, not to exceed the percentage
140 increase given to the other county employees. The compensation for all county of ficers may
141 be set as a group, although the change in compensation will not become ef fective until the
142 next term of of fice for each of ficer .
143 [ 13. At the salary commission meeting in 1997 which establishes the salaries for
144 those officers to be elected at the general election in 1998, the salary commission of each
145 noncharter county may provide salary increases for associate county commissioners elected in
146 1996. This one-time increase is necessitated by the change from two- to four -year terms for
147 associate commissioners pursuant to house bill 256, passed by the first regular session of the
148 eighty-eighth general assembly in 1995.]
1 15.127. 1. Except as provided in subsection 4 of this section, upon receipt of notice
2 of a special election to fill a vacancy submitted pursuant to subsection 2 of section 1 15.125,
3 the election authority shall cause legal notice of the special election to be published in a
4 newspaper of general circulation in its jurisdiction. The notice shall include the name of the
5 of ficer or agency calling the election, the date and time of the election, the name of the of fice
6 to be filled and the date by which candidates must be selected or filed for the office. W ithin
7 one week prior to each special election to fill a vacancy held in its jurisdiction, the election
8 authority shall cause legal notice of the election to be published in two newspapers of
9 dif ferent political faith and general circulation in the jurisdiction. The legal notice shall
10 include the date and time of the election, the name of the of ficer or agency calling the election
11 and a sample ballot. If there is only one newspaper of general circulation in the jurisdiction,
12 the notice shall be published in the newspaper within one week prior to the election. If there
13 are two or more newspapers of general circulation in the jurisdiction, but no two of opposite
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14 political faith, the notice shall be published in any two of the newspapers within one week
15 prior to the election.
16 2. Except as provided in subsections 1 and 4 of this section and in sections 1 15.521,
17 1 15.549 and 1 15.593, the election authority shall cause legal notice of each election held in its
18 jurisdiction to be published. The notice shall be published in two newspapers of dif ferent
19 political faith and qualified pursuant to chapter 493 which are published within the bounds of
20 the area holding the election. If there is only one so-qualified newspaper , then notice shall be
21 published in only one newspaper . If there is no newspaper published within the bounds of the
22 election area, then the notice shall be published in two qualified newspapers of dif ferent
23 political faith serving the area. Notice shall be published twice, the first publication occurring
24 in the second week prior to the election, and the second publication occurring within one
25 week prior to the election. Each such legal notice shall include the date and time of the
26 election, the name of the of ficer or agency calling the election and a sample ballot; and, unless
27 notice has been given as provided by section 1 15.129, the second publication of notice of the
28 election shall include the location of polling places. The election authority may provide any
29 additional notice of the election it deems desirable.
30 3. The election authority shall print the of ficial ballot as the same appears on the
31 sample ballot, and no candidate's name or ballot issue which appears on the sample ballot or
32 of ficial printed ballot shall be stricken or removed from the ballot except on death of a
33 candidate or by court order , but in no event shall a candidate or issue be stricken or removed
34 from the ballot less than eight weeks before the date of the election.
35 4. In lieu of causing legal notice to be published in accordance with any of the
36 provisions of this chapter , the election authority in jurisdictions which have less than seven
37 hundred fifty registered voters and in which no newspaper qualified pursuant to chapter 493 is
38 published, may cause legal notice to be mailed during the second week prior to the election,
39 by first class mail, to each registered voter at the voter's voting address. All such legal notices
40 shall include the date and time of the election, the location of the polling place, the name of
41 the of ficer or agency calling the election and a sample ballot.
42 5. If the opening date for filing a declaration of candidacy for any of fice in a political
43 subdivision or special district is not required by law or charter , the opening filing date shall be
44 8:00 a.m., the [ seventeenth ] sixteenth T uesday prior to the election. If the closing date for
45 filing a declaration of candidacy for any of fice in a political subdivision or special district is
46 not required by law or charter , the closing filing date shall be 5:00 p.m., the [ fourteenth ]
47 thirteenth T uesday prior to the election or , if the thirteenth T uesday prior to the election is
48 a state or federal holiday , the closing filing date shall be 5:00 p.m. on the next day that is
49 not a state or federal holiday . The political subdivision or special district calling an election
50 shall, before the [ seventeenth ] sixteenth T uesday[ , ] prior to any election at which of fices are
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51 to be filled, notify the general public of the opening filing date, the of fice or of fices to be
52 filled, the proper place for filing and the closing filing date of the election. Such notification
53 may be accomplished by legal notice published in at least one newspaper of general
54 circulation in the political subdivision or special district.
55 6. Except as provided for in sections 1 15.247 and 1 15.359, if there is no additional
56 cost for the printing or reprinting of ballots or if the candidate agrees to pay any printing or
57 reprinting costs, a candidate who has filed for an of fice or who has been duly nominated for
58 an of fice may , at any time after the certification of the notice of election required in
59 subsection 1 of section 1 15.125 but no later than 5:00 p.m. on the eighth T uesday before the
60 election, withdraw as a candidate pursuant to a court order , which, except for good cause
61 shown by the election authority in opposition thereto, shall be freely given upon application
62 by the candidate to the circuit court of the area of such candidate's residence.
182.291. 1. After the establishment of a county library district as provided in section
2 182.010, the board of trustees of any city library within the county , which city has a library
3 tax levy equal to that levied for the county library district, and which county library district
4 has a population of under two hundred and fifty thousand, with the prior approval of the
5 governing body of the city , may petition the county governing body to permit the or ganization
6 of a city-county library to provide library service to the residents of the county by appropriate
7 means from the city library .
8 2. After the county library board has been appointed as provided in section 182.050,
9 the county library board may petition the county governing body to permit the org anization of
10 a city-county library which shall provide library service to the residents of the county by
11 appropriate means from the city library . W ithin thirty days after receiving the petition the
12 county governing body shall notify the county library board and the city library board of its
13 decision by order of record. If the petition is approved, the city-county library shall be
14 deemed established; but if the petition is denied, the parties may proceed as provided in
15 sections 182.010 to 182.120.
16 3. (1) The city-county library shall be under the control and supervision of a board of
17 trustees of nine members[ . ] appointed as follows:
18 (a) If the population of the county is lar ger than that of the city , the county governing
19 body shall appoint five members of the library board[ . ] ;
20 (b) If the population of the county is less than that of the city , the county governing
21 body shall appoint four members of the library board[ . ] ;
22 (c) If the population of the city is lar ger than that of the county , the mayor of the city
23 shall appoint five members to the library board[ . ] ; and
24 (d) If the population of the city is less than that of the county[ , ] :
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25 a. Except as otherwise prov ided in subparagraph b. of this paragraph, the mayor
26 shall appoint four members to the library board ; and
27 b. In any county with mor e than four hundred thousand but fewer than five
28 hundr ed thousand inhabitants, for members appointed on or after January 1, 2027, the
29 mayors of the four most populous cities in the county shall appoint four members to the
30 library board as follows:
31 (i) The member's term that expir es first after January 1, 2027, shall be filled by
32 an appointment by the mayor of the most populous city in the county;
33 (ii) The member's term that expir es second after January 1, 2027, shall be filled
34 by an appointment by the mayor of the second-most populous city in the county;
35 (iii) The member's term that expir es third after January 1, 2027, shall be filled
36 by an appointment by the mayor of the third-most populous city in the county; and
37 (iv) The member's term that expir es fourth after January 1, 2027, shall be filled
38 by an appointment by the mayor of the fourth-most populous city in the county .
39 (2) (a) After the initial appointments made by following the order of
40 appointments described in subparagraph b. of paragraph (d) of subdivision (1) of this
41 subsection, subsequent appointments shall be made by following the same order .
42 (b) The population of the cities described in subparagraph b. of paragraph (d) of
43 subdivision (1) of this subsection shall be determined on the basis of the last pr evious
44 decennial census of the United States as pr ovided in section 1.100 .
45 (3) The members shall serve a term of three years and until their successors are
46 appointed and qualified in the same manner as their predecessors; except that, the original
47 members shall serve terms ranging from one to three years to be determined by the board at
48 its first meeting. Immediately upon their appointment, the board shall or ganize as provided in
49 section 182.060; and thereupon the city board shall cease to exist and shall turn over all
50 property , books and records to the city-county board.
51 4. All unexpended funds of the preexisting separate city and county library districts
52 shall be deposited by the custodians thereof with the city treasurer immediately upon the
53 issuance of the county governing body's approval of the petition.
54 5. For all tax purposes, including levies and adjustments thereof, the city library
55 district shall become a part of the county library district at the beginning of the next fiscal
56 year after the mer ger and the property within the city library district shall be treated as within
57 the county library district for all such purposes; except, until the city library district shall
58 become a part of the county library district the levy and collection of taxes shall be made as
59 though no mer ger had taken place, so that the levy and collection of taxes shall be without
60 interruption, and during that period no change in the levy shall take place. The funds
61 collected shall be turned over to the city treasurer immediately upon collection.
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62 6. All of the real and personal property and all of the obligations of the preexisting
63 separate city and county library districts shall, without further action, become the property
64 and obligations of the mer ged city-county library district, which shall have an of ficial name
65 composed of the name of the city , followed by the name of the county and followed by the
66 words "County Library District".
67 7. The mer ged district, and the librarian, of ficials and board thereof, shall have all of
68 the rights, powers, responsibilities, and privileges granted county library districts by the laws
69 of the state of Missouri and shall be governed by such laws, as though the mer ged districts
70 were a county library district, except:
71 (1) Where such laws are inconsistent with this section;
72 (2) The treasurer of the board of trustees of the library district shall receive and be the
73 custodian of all moneys, belonging to the district from whatever source derived. Such funds
74 shall be audited annually . At least once in every month the proper finance of ficer shall pay
75 over to the treasurer of the library district all moneys received and collected for the fund,
76 including interest on such moneys, and take duplicate receipts from the treasurer , one of
77 which he shall file with the secretary of the library district and the other of which he shall file
78 in his settlement with the proper governing body;
79 (3) The library board shall prepare a budget for each fiscal year and all expenditures
80 shall conform to such budget. The budget shall be prepared and approved by the library
81 board and made available to the members of the governing body of the city and the members
82 of the county governing body sixty days before the beginning of each fiscal year , except the
83 first budget of the mer ged district shall be prepared forthwith and so delivered after the
84 mer ger .
182.71 1. 1. The fiscal year for each urban public library district shall be July first to
2 June thirtieth, unless otherwise set by the board of trustees, and each year the librarian shall
3 submit to the board of trustees a budget for the forthcoming fiscal year . The board of trustees
4 shall approve the budget after making any changes therein that it deems necessary . The
5 budget shall be approved on or before [ June thirtieth ] the last day of the fiscal year
6 preceding the fiscal year for which the budget was prepared. The board of trustees on its own
7 motion or at the request of the librarian, from time to time, may amend or modify the
8 approved budget. A copy of the approved budget shall be filed with the state auditor .
9 2. The treasurer of the board of trustees of an urban public library district shall
10 receive and be the custodian of all money belonging to the district from whatever source
11 derived. All funds of the urban public library district derived from local taxation to be used
12 for normal operations of the district shall be kept in a library operating fund. All funds
13 belonging to the district which are to be used for building purposes shall be kept in a library
14 building fund; all funds derived from state aid or federal grants, other than land, building and
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15 furnishing grants, shall be kept in the library operating fund; and the board of trustees may
16 establish any other funds that it deems necessary . The treasurer shall deposit all moneys
17 belonging to the urban public library district in the depositaries that are selected by the board
18 of trustees. The treasurer shall also be the custodian of all bonds or other securities belonging
19 to the urban public library district.
20 3. Urban public library district moneys shall be disbursed by the treasurer by
21 appropriate instrument of payment only upon due authorization of the board of trustees and
22 duly certified for payment by the president. The certification shall specify the amount to be
23 paid, to whom payment is to be made and the purpose for which payment is being made. The
24 board of trustees by resolution may direct that the signature of the president or treasurer be a
25 facsimile signature in the manner provided by sections 105.272 to 105.278.
26 4. No authorization or certification shall be made, and no instrument of payment shall
27 be issued for the payment of any urban public library district indebtedness unless there is
28 suf ficient money in the treasury and the proper fund for the payment of the indebtedness and
29 the indebtedness is in the proper form.
30 5. The treasurer of the board of trustees shall submit to the board of trustees, at each
31 regularly scheduled meeting thereof, an accounting reflecting receipt and disbursement of
32 funds belonging to the urban public library district.
182.802. 1. (1) Any public library district located in any [ of the following counties ]
2 county may impose a tax as provided in this section[:
3 (a) At least partially within any county of the third classification without a township
4 form of government and with more than forty thousand eight hundred but fewer than forty
5 thousand nine hundred inhabitants;
6 (b) Any county of the third classification without a township form of government and
7 with more than thirteen thousand five hundred but fewer than thirteen thousand six hundred
8 inhabitants;
9 (c) Any county of the third classification without a township form of government and
10 with more than thirteen thousand two hundred but fewer than thirteen thousand three hundred
11 inhabitants;
12 (d) Any county of the third classification with a township form of government and
13 with more than twenty-nine thousand seven hundred but fewer than twenty-nine thousand
14 eight hundred inhabitants;
15 (e) Any county of the second classification with more than nineteen thousand seven
16 hundred but fewer than nineteen thousand eight hundred inhabitants;
17 (f) Any county of the third classification with a township form of government and
18 with more than thirty-three thousand one hundred but fewer than thirty-three thousand two
19 hundred inhabitants;
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20 (g) Any county of the third classification without a township form of government and
21 with more than eighteen thousand but fewer than twenty thousand inhabitants and with a city
22 of the third classification with more than six thousand but fewer than seven thousand
23 inhabitants as the county seat;
24 (h) Any county of the fourth classification with more than twenty thousand but fewer
25 than thirty thousand inhabitants; or
26 (i) Any county of the third classification with more than thirteen thousand nine
27 hundred but fewer than fourteen thousand inhabitants]. Any county imposing a tax
28 authorized under this section before August 28, 2026, shall not be r equir ed to
29 r eauthorize such tax after August 28, 2026.
30 (2) Any public library district [ listed in subdivision (1) of this subsection ] may , by a
31 majority vote of its board of directors, impose a tax not to exceed one-half of one cent , or for
32 any county with mor e than one hundred thousand but fewer than one hundred twenty
33 thousand inhabitants and with a county seat with mor e than nine thousand but fewer
34 than eleven thousand inhabitants, or any county with mor e than fifty thousand but
35 fewer than sixty thousand inhabitants and with a county seat with mor e than seventeen
36 thousand but fewer than twenty-one thousand inhabitants, not to exceed one-third of
37 one cent, on all retail sales subject to taxation under sections 144.010 to 144.525 for the
38 purpose of funding the operation and maintenance of public libraries within the boundaries of
39 such library district. If the library board appr oves placing the sales tax authorized by
40 this section on the ballot, then the county commission shall comply and place the
41 measur e before the voters. The tax authorized by this subsection shall be in addition to all
42 other taxes allowed by law . No tax under this subsection shall become ef fective unless the
43 board of directors submits to the voters of the district, at a county or state general, primary or
44 special election, a proposal to authorize the tax, and such tax shall become effectiv e only after
45 the majority of the voters voting on such tax approve such tax.
46 2. (1) In the event the district seeks to impose a sales tax under this subsection, the
47 question shall be submitted in substantially the following form:
48 Shall a ______ cent sales tax be levied on all retail sales within the
49 district for the purpose of providing funding for ______ library
50 district?
51 YES NO
52
53 If a majority of the votes cast on the proposal by the qualified voters voting thereon are in
54 favor of the proposal, then the tax shall become ef fective. If a majority of the votes cast by
55 the qualified voters voting are opposed to the proposal, then the board of directors shall have
56 no power to impose the tax unless and until another proposal to authorize the tax is submitted
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57 to the voters of the district and such proposal is approved by a majority of the qualified voters
58 voting thereon. The provisions of sections 32.085 and 32.087 shall apply to any tax approved
59 under this subsection.
60 (2) (a) Notwithstanding the provi sions of subdivision (1) of subsection 1 of this
61 section for any district located in a county with mor e than four hundred thousand but
62 fewer than five hundr ed thousand inhabitants or in a county with mor e than eighty
63 thousand but fewer than one hundred thousand inhabitants and with a county seat with
64 mor e than thirteen thousand but fewer than seventeen thousand inhabitants, any sales
65 tax imposed pursuant to this section shall be in conjunction with a re al and personal
66 pr operty tax reduction for each year in which the sales tax is imposed. The ballot of
67 submission for such district shall contain, but need not be limited to, the following
68 language:
69 Shall the ______ library district impose a district-wide sales tax of __
70 ____ (insert amount) and r educe its total real and personal pr operty
71 tax levy annually by one hundred per cent of the total amount of sales
72 tax reven ue collected in the same tax year for the purpose of
73 pr oviding funding for _____ library district?
74 YES NO
75 If you ar e in favor of the question, place an "X" in the box opposite
76 "YES". If you are opposed to the question, place an "X" in the box
77 opposite "NO".
78
79 If a majority of the votes cast on the prop osal by the qualified voters voting ther eon ar e
80 in favor of the pr oposal, then the ordinance or order and any amendments ther eto shall
81 be in effect. If a majority of the votes cast by the qualified voters voting ar e opposed to
82 the pr oposal, then the board of directors shall have no power to impose the sales tax and
83 r educe the prop erty tax as herein authorized unless and until the board of dir ectors
84 shall again have submitted another prop osal to authorize the board of directors to
85 impose the sales tax and redu ce the pr operty tax under the pro visions of this section and
86 such pr oposal is appr oved by a majority of the qualified voters voting ther eon.
87 (b) Each year in which a sales tax is imposed pursuant to this subdivision, the
88 board of dir ectors shall, after determining its budget, within the limits set by the
89 constitution and laws of this state for the following calendar year and the total pr operty
90 tax levy needed to raise the rev enues requ ired by such budget, re duce that total r eal and
91 personal pr operty tax levy in an amount sufficient to decrease the total prop erty taxes it
92 will collect by an amount equal to one hundred per cent of the sales tax r evenue collected
93 in the tax year for which the prop erty taxes are being levied, pro vided that for the first
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94 thr ee years following the adoption of the sales tax pursuant to this subdivision, the
95 r eduction made pursuant to this subdivision shall be equal to thirty-three per cent, sixty-
96 six per cent, and one hundre d per cent, r espectively , of the sales tax r evenue collected.
97 (3) Notwithstanding the provi sions of subdivision (1) of subsection 1 of this
98 section, for any district located in a county with mor e than one hundred thousand but
99 fewer than one hundr ed twenty thousand inhabitants and with a county seat with mor e
100 than nine thousand but fewer than eleven thousand inhabitants or any county with mor e
101 than fifty thousand but fewer than sixty thousand inhabitants and with a county seat
102 with mor e than seventeen thousand but fewer than twenty-one thousand inhabitants,
103 any sales tax imposed pursuant to this section shall be in conjunction with the
104 elimination of all rea l and personal prop erty tax levies imposed by the district for each
105 year in which the sales tax is imposed. The ballot of submission for such district shall
106 contain, but need not be limited to, the following language:
107 Shall the ______ library district impose a district-wide sales tax of __
108 ____ (insert amount) and eliminate its total rea l and personal
109 pr operty tax levy for the purpose of pro viding funding for _____
110 library district?
111 YES NO
112 If you ar e in favor of the question, place an "X" in the box opposite
113 "YES". If you are opposed to the question, place an "X" in the box
114 opposite "NO".
115
116 If a majority of the votes cast on the prop osal by the qualified voters voting ther eon ar e
117 in favor of the pr oposal, then the ordinance or order and any amendments ther eto shall
118 be in effect. If a majority of the votes cast by the qualified voters voting ar e opposed to
119 the pr oposal, then the board of directors shall have no power to impose the sales tax and
120 eliminate the prop erty tax as herei n authorized unless and until the board of dire ctors
121 shall again have submitted another prop osal to authorize the board of directors to
122 impose the sales tax and eliminate the prop erty tax under the pr ovisions of this section
123 and such pr oposal is appr oved by a majority of the qualified voters voting ther eon.
124 3. As used in this section, "qualified voters" or "voters" means any individuals
125 residing within the district who are eligible to be registered voters and who have registered to
126 vote under chapter 1 15, or , if no individuals are eligible and registered to vote reside within
127 the proposed district, all of the owners of real property located within the proposed district
128 who have unanimously petitioned for or consented to the adoption of an ordinance by the
129 governing body imposing a tax authorized in this section. If the owner of the property within
130 the proposed district is a political subdivision or corporation of the state, the governing body
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131 of such political subdivision or corporation shall be considered the owner for purposes of this
132 section.
133 4. For purposes of this section the term "public library district" shall mean any city
134 library district, county library district, city-county library district, municipal library district,
135 consolidated library district, or urban library district.
247.220. 1. Proceedings for the dissolution of a public water supply district shall be
2 substantially the same as proceedings for the formation of such a district, as follows: A
3 petition describing the boundaries of the district sought to be dissolved shall be filed with the
4 clerk of the circuit court of the county wherein the subject district is situate, or with the clerk
5 of the circuit court of the county having the lar gest acreage within the boundaries of the
6 subject district, in the event that the subject district embraces lands in more than one county .
7 Such petition, in addition to such boundary description, shall allege that further operation of
8 the subject district is inimicable to the best interests of the inhabitants of the district, that the
9 district should, in the interest of the public welfare and safety , be dissolved, that an alternative
10 water supplier is available and better able to supply water to the inhabitants of the district,
11 that an agr eement for sale of the district's assets has been enter ed into by the board of
12 dir ectors contingent upon appr oval of the circ uit court and voters, and such other
13 information as may be useful to the court in determining whether the petition should be
14 granted and a decree of dissolution entered. Such petition shall also include a detailed plan
15 for payment of all debt and obligations of the district at the time of dissolution. Such petition
16 shall be accompanied by a cash deposit of fifty dollars as an advancement of the costs of the
17 proceeding and the petition shall be signed by not less than one-fifth of the registered voters
18 from each subdistrict, or fifty registered voters from each subdistrict, whichever is less, within
19 the subject district. The petition shall be verified by at least one of the signers thereof and
20 shall be served upon the board of directors of the district as provided by law . The district
21 shall be a party , and if the board of directors in its discretion determines that such dissolution
22 is not in the public interest, the district shall oppose such petition and pay all cost and expense
23 thereof.
24 2. Upon the filing of the petition, the same shall be presented to the circuit court, and
25 such court shall fix a date for a hearing on such petition, as provided in this section.
26 Thereupon, the clerk of the court shall give notice of the filing of the petition in some
27 newspaper of general circulation in the county in which the proceedings are pending, and if
28 the district extends into any other county or counties, such notice shall also be published in
29 some newspaper of general circulation in such other county or counties. The notice shall
30 contain a description of the subject boundary lines of the district and the general purposes of
31 the petition, and shall set forth the date fixed for the hearing on the petition, which shall not
32 be less than seven nor more than twenty-one days after the date of the last publication of the
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33 notice and shall be on some regular judicial day of the court wherein the petition is pending.
34 Such notice shall be signed by the clerk of the circuit court and shall be published in three
35 successive issues of a weekly newspaper or in twenty successive issues of a daily newspaper .
36 3. The court, for good cause shown, may continue the case or the hearing thereon
37 from time to time until final disposition thereof.
38 4. Exceptions to the dissolution of a district may be made by any voter or landowner
39 of the district, and by the district as herein provided; such exceptions shall be filed not less
40 than five days prior to the date set for the hearing on the petition. Such exceptions shall
41 specify the grounds upon which the exceptions are filed and the court shall take them into
42 consideration in passing upon the petition and shall also consider the evidence in support of
43 the petition and in support of the exceptions made. Unless petitioners prove that ther e is an
44 agr eement for sale of the district's assets enter ed into by the board of dir ectors that
45 would permit all debts and financial obligations of the district can be paid in full upon
46 dissolution and pro vide for the continuation of water supply to the inhabitants of the
47 district , the petition shall be dismissed at the cost of the petitioners.
48 5. Should the court find that it would not be to the public interest to dissolve a district,
49 the petition shall be dismissed at the costs of the petitioners. If, however , the court should
50 find in favor of the petitioners, the court shall enter its interlocutory decree of dissolution
51 which decree shall provide for the submission of the question to the voters of the district in
52 substantially the following form:
53 Shall ______ Public W ater Supply District be dissolved and its assets sold to ______
54 _ which shall ther eafter be the water supplier ?
55 6. The decree of dissolution shall not become final and conclusive until it shall have
56 been submitted to the voters residing within the boundaries described in such decree and until
57 it shall have been assented to by a majority of two-thirds of the voters of the district voting on
58 the proposition. At their discr etion, the board of dir ectors may appr ove a change in the
59 vote thr eshold to a majority of four -sevenths of the voters of the district voting on the
60 pr oposition. The decree shall provide for the submission of the question and shall fix the
61 date thereof. The returns shall be certified by the election authority to the circuit court having
62 jurisdiction in the case and the court shall thereupon enter its order canvassing the returns and
63 declaring the result of such election.
64 7. If, upon canvass and declaration, it is found and determined that the question shall
65 have been assented to by [ a majority of two-thirds of the voters of the district voting on such
66 proposition ] the number of voters r equir ed under subsection 6 of this section then the
67 court shall, in such order declaring the result of the election, enter a further order declaring the
68 decree of dissolution to be final and conclusive. In the event, however , that the court should
69 find that the question had not been assented to by the majority required, the court shall enter a
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70 further order declaring such decree of dissolution to be void and of no ef fect. No appeal shall
71 lie from any of the aforesaid orders. In the event that the court declares the decree of
72 dissolution to be final, as provided in this section, the clerk of the circuit court shall file
73 certified copies of such decree of dissolution and of such final order with the secretary of state
74 of the state of Missouri, and with the recorder of deeds of the county or counties in which the
75 district is situate and with the clerk of the county commission of the county or counties in
76 which the district is situate.
77 8. Notwithstanding anything in this section to the contrary , no district shall be
78 dissolved until after all of its debts shall have been paid, and the court, in its decree of
79 dissolution, shall provide for the disposition of the property of the district , which may direct
80 that any excess funds be paid over to the trea sur ers of the various school districts on a
81 pr o rata basis equivalent to the ratio of customers of the water supply district in the
82 various school districts .
31 1.038. 1. The state expr essly pr eempts the field of re gulating the sale of
2 alcoholic beverages specifically as it rel ates to the size of the container , the volume of
3 fluid ounces in the container , the alcohol content of the liquid in the container , and the
4 number of containers that can be pur chased per transaction.
5 2. The state shall supersede and r ender null and void any local laws, ordinances,
6 orders, rules, or regu lations enacted by a county , city , municipality , or other political
7 subdivision before, on, or after the effective date of this section that attempts to r egulate
8 the sale of alcoholic beverages as detailed in this section.
Section B. Because immediate action is necessary to ensure the uniform, consistent,
2 and predictable statewide regulation of a lawful product, and to prevent unlawful
3 discrimination against and irreparable harm to impacted adult consumers and producers,
4 wholesalers, and retailers of alcoholic beverages, section 31 1.038 of section A of this act is
5 deemed necessary for the immediate preservation of the public health, welfare, peace, and
6 safety , and is hereby declared to be an emer gency act within the meaning of the constitution,
7 and section 31 1.038 of section A of this act shall be in full force and ef fect upon its passage
8 and approval.
✔
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