HOUSE SUBSTITUTE FOR

HOUSE BILL NO. 267

92ND GENERAL ASSEMBLY

TERRY L. SPIELER, Secretary.

1005S.08C

To repeal sections 49.091, 49.095, 49.170, 49.266, 49.267, 49.268, 49.269, 49.273, 49.278, 49.370, 49.380, 60.010, and 67.1775, RSMo, and section 150.150 as enacted by house bill no. 1566, eighty-seventh general assembly, second regular session and section 150.150 as enacted by house substitute for house committee substitute for senate bill no. 579, eighty-seventh general assembly, second regular session, and to enact in lieu thereof eight new sections relating to county commissions, with penalty provisions.

Section A.Sections 49.091, 49.095, 49.170, 49.266, 49.267, 49.268, 49.269, 49.273, 49.278, 49.370, 49.380, 60.010, and 67.1775, RSMo, and section 150.150 as enacted by house bill no. 1566, eighty-seventh general assembly, second regular session and section 150.150 as enacted by house substitute for house committee substitute for senate bill no. 579, eighty-seventh general assembly, second regular session, are repealed and eight new sections enacted in lieu thereof, to be known as sections 49.170, 49.266, 49.278, 49.370, 49.650, 60.010, 67.1775, and 150.150, to read as follows:

49.170.Four terms of the county commission shall be held in each county annually, at the place of holding commission meetings therein, commencing on the first Mondays in [February, May, August and November] January, April, July, and October.The county commissions may alter the times for holding their stated terms, giving notice thereof in such manner as to them shall seem expedient; provided, that in counties now containing or that may hereafter contain seventy-five thousand or more inhabitants, and where county commissions are now or may hereafter be held at more places than one and at other places than the county seat, the terms of the commission shall be held monthly and alternately at the county seat and such other place as may be provided for the holding of a meeting, and each monthly term shall commence on the first Monday in each month.

49.266.1.The county commission in [first class] all counties may by order or ordinance promulgate reasonable regulations concerning the use of county property, the hours, conditions, methods and manner of such use and the regulation of pedestrian and vehicular traffic and parking thereon.

2.Violation of any regulation so adopted is an infraction.

3.The regulations so adopted shall be codified, printed and made available for public use and adequate signs concerning smoking, traffic and parking regulations shall be posted.

49.278.1.The county governing body in all counties may contribute to the cost of a plan, including a plan underwritten by insurance, for furnishing all or a part of hospitalization or medical expenses, life insurance, or similar benefits for elected officials and their employees, and to appropriate and utilize its revenues and other available funds for these purposes.

2.No contract shall be entered into by the county to purchase any insurance policy or policies pursuant to the terms of this section unless such contract shall have been submitted to competitive bidding and such contract be awarded to the lowest and best bidder.

3.The governing authority of all counties may provide, in addition to any other programs or plans, workers' compensation, health insurance, life insurance, and retirement plans for all county employees.

49.370.1.The county commission shall designate the place whereon to erect any county building, on any land belonging to such county, at the established seat of justice thereof.If there is no suitable ground belonging to said county within the limits of the original town known as the established seat of justice, the county commission shall select a proper piece of ground anywhere within the corporate limits of the town known as the county seat, and may purchase or receive by donation a lot or lots of ground for that purpose, and shall take a good and sufficient deed in fee simple for the same to the county, and shall make report to the circuit court at its next sitting.

2.The provisions of subsection 1 of this section notwithstanding, any county may acquire, own, erect, operate, manage, and maintain buildings and property outside the limits of the established seat of justice, so long as the buildings or property is located within the county.

49.650.1.The governing authority of each county without a charter form of government shall have the power to adopt ordinances or resolutions relating to its property, affairs, and local government for which no provision has been made in the constitution of this state or state statute regarding the following:

(1)County roads controlled by the county;

(2)Homeland security;

(3)Emergency management;

(4)Nuisance abatement, excluding agricultural and horticultural property as defined in section 137.016, RSMo;

(5)Stormwater control, excluding agricultural and horticultural property as defined in section 137.016, RSMo;

(6)Economic development; and

(7)Parks and recreation.

If any such ordinance, order, or resolution conflicts with a municipal ordinance, the municipal ordinance provisions shall prevail within the corporate boundaries of the municipality.All ordinances adopted pursuant to this section shall remain effective until repealed or amended by the governing authority, except that the general assembly shall have the power to further define, broaden, limit, or otherwise regulate the power of each such county to adopt ordinances, resolutions, or regulations.

2.The governing body of each county without a charter form of government may submit to the qualified voters of the county any ordinance, resolution, or regulation proposed pursuant to this section for the approval of the qualified voters of the county.Any ordinance, resolution, or regulation submitted to the qualified voters pursuant to this section shall become effective if a majority of the qualified voters voting on the ordinance, resolution, or regulation are in favor of its adoption, but no ordinance, resolution, or regulation shall become effective if a majority of the qualified voters voting on the ordinance, resolution, or regulation are opposed to its adoption, but no ordinance, resolution, or regulation shall become effective if a majority of the qualified voters voting on the ordinance, resolution, or regulation are opposed to its adoption.

3.Notwithstanding any other provision of this section to the contrary, no tax shall be submitted to the voters of the county unless the tax has been authorized by statute by the general assembly.

4.No county shall have the power to adopt any ordinance, resolution, or regulation pursuant to this section governing any railroad company.

60.010.1.At the regular general election in the year 1948, and every four years thereafter, the voters of each county of this state in [classes two, three and four] counties of the second, third, and fourth classification shall elect a registered land surveyor as county surveyor, who shall hold his office for four years and until his successor is duly elected, commissioned and qualified.The person elected shall be commissioned by the governor.

2.No person shall be elected or appointed surveyor unless he be a citizen of the United States, over the age of twenty-one years, be a registered land surveyor, and shall have resided within the state one whole year.An elected surveyor shall have resided within the county for which he is elected six months immediately prior to his election and shall after his election continue to reside within the county for which he is surveyor.An appointed surveyor need not reside within the county for which he is surveyor.

3.Notwithstanding the provisions of subsection 1 of this section, or any other law to the contrary, the county commission of any county of the third or fourth classification may appoint a surveyor following a general election in which the office of surveyor is on the ballot, if no qualified candidate seeks said office.The appointed surveyor shall serve at the pleasure of the county commission, however, an appointed surveyor shall forfeit said office once a qualified individual, who has been duly elected at a regularly scheduled general election where the office of surveyor is on the ballot and who has been commissioned by the governor, takes office.The county commission shall fix appropriate compensation, which need not be equal to that of an elected surveyor.

67.1775.1.The governing body of a city not within a county, or any county of [the first classification with a charter form of government with a population not less than nine hundred thousand inhabitants, or any county of the first classification with a charter form of government with a population not less than two hundred thousand inhabitants and not more than six hundred thousand inhabitants, or any noncharter county of the first classification with a population not less than one hundred seventy thousand and not more than two hundred thousand inhabitants, or any noncharter county of the first classification with a population not less than eighty thousand and not more than eighty-three thousand inhabitants, or any third classification county with a population not less than twenty-eight thousand and not more than thirty thousand inhabitants, or any county of the third classification with a population not less than nineteen thousand five hundred and not more than twenty thousand inhabitants] this state may, after voter approval pursuant to this section, levy a sales tax not to exceed one-quarter of a cent in the county for the purpose of providing services described in section 210.861, RSMo, including counseling, family support, and temporary residential services to persons nineteen years of age or less.The question shall be submitted to the qualified voters of the county at a county or state general, primary or special election upon the motion of the governing body of the county or upon the petition of eight percent of the qualified voters of the county determined on the basis of the number of votes cast for governor in such county at the last gubernatorial election held prior to the filing of the petition.The election officials of the county shall give legal notice as provided in chapter 115, RSMo.The question shall be submitted in substantially the following form:

Shall ............ County be authorized to levy a sales tax of ............ (not to exceed one-quarter of a cent) in the county for the purpose of establishing a community children's services fund for the purpose of providing services to protect the well-being and safety of children and youth nineteen years of age or less and to strengthen families?

Yes No

If a majority of the votes cast on the question by the qualified voters voting thereon are in favor of the question, then the tax shall be levied and collected as otherwise provided by law.If a majority of the votes cast on the question by the qualified voters voting thereon are opposed to the question, then the tax shall not be levied unless and until the question is again submitted to the qualified voters of the county and a majority of such voters are in favor of such a tax, and not otherwise.

2.All revenues generated by the tax prescribed in this section shall be deposited in the county treasury to the credit of a special "Community Children's Services Fund".Such fund shall be administered by a board of directors, established pursuant to section 210.861, RSMo.

150.150.The collector shall, at the time of delivering such license, collect the sum of [five dollars] up to twenty-five dollars, adjusted annually based on the consumer price index, not to exceed one hundred dollars, in all counties [of the first classification] having a charter form of government and in any city not within a county [and twenty-five dollars] which shall be set by such governing body.In all other counties, the fee [herein allowed to the clerk for issuing the same] shall be twenty-five dollars; provided, that five dollars of any fees herein received by the collector shall be paid into the county or city treasury, as provided by law and twenty dollars shall be paid into the county employees' retirement fund created by sections 50.1000 to 50.1200, RSMo.

[49.091.1.In counties of the third and fourth classification, the county commission or the county commission's designee shall, on or before the tenth day of the first month in each calendar quarter of each year, make a personal examination and inspection of all county lands and buildings, including the county farm, and shall prepare a report to be filed, as a matter of public record, with the county clerk not later than twenty days after such examination.The report shall contain a detailed statement of the physical condition and the state of repair of all such county lands and buildings, the use to which they are currently put, and a statement of the farm operations of the county, if any, the condition of growing crops and the amount of grain or other produce on hand.

2.The reports required by this section shall be signed by the county clerk.]

[49.095.1.The county commissioners in counties of the second class shall:

(1)Make a personal examination and inspection of all county lands and buildings, including the county farm, on or before the tenth day of the first month in each calendar quarter of each year, and prepare a report to be filed, as a matter of public record, with the county auditor not later than twenty days after the examination.The report shall contain a detailed statement of the physical condition and the state of repair of all county lands and buildings, the use to which they are currently put, and a statement of the farm operations of the county, if any, the condition of growing crops and the amount of grain or other produce on hand;

(2)Inspect and inventory all office equipment and machines, road machinery, farm supplies, equipment and produce on hand and all other personal property belonging to the county of an original value of two hundred fifty dollars or more of whatsoever kind or description annually, on or before the tenth day of October.The inventory shall list the property by keeping a continuous annual inventory of each item identified by descriptive name, and on manufactured goods the manufacturer's serial number, model, age and estimated market value, and there shall be attached to each inventory a statement or explanation of any material changes over that of the previous year, showing in particular the disposition of any county property, the reason for its disposal, to whom disposed and the amount received therefor.

2.The reports required by this section may be signed by all the commissioners or if any commissioner is in disagreement with any statement contained therein, he may refuse to sign the report and shall issue his own minority report.]

[49.267.Notwithstanding other provisions of law, the county commission of any county of the second class may set a speed limit on any county road, not within the limits of any incorporated city, town, or village, lower than that otherwise provided by law.However, in no case shall the speed limit be set lower than twenty-five miles per hour.The commission shall send copies of any such order to the superintendent of the state highway patrol.After the roads have been properly marked by signs indicating the speed limits set by the county commission, the speed limits so set shall be in full force and effect.]

[49.268.The limits on speed set by section 49.267 do not apply to the operation of any emergency vehicle as defined in section 304.022, RSMo.Nothing in sections 49.267 to 49.269 shall make the speeds prescribed therein lawful in a situation that requires lower speed for compliance with the basic rule declared in subsection 1 of section 304.010, RSMo.]

[49.269.Any person who violates any provision of sections 49.267 to 49.269 is guilty of a class C misdemeanor.]

[49.273.The county commission in all counties of the first and second class, including those having a charter form of government, may elect to accept the provisions of chapter 287, RSMo, governing workers' compensation.]

[49.380.If there is no suitable ground for that purpose belonging to said county within the limits of the original town known as the established seat of justice, the superintendent shall select a proper piece of ground anywhere within the corporate limits of the town known as the county seat, and may purchase or receive by donation a lot or lots of ground for that purpose, and shall take a good and sufficient deed in fee simple for the same to the county, and shall make report of his proceedings to the county commission and the circuit court at its next sitting.]

[150.150.Except as otherwise provided in this section, the collector shall, at the time of delivering such license, collect the sum of five dollars, the fee allowed in this section to the clerk for issuing the license, except that any fees herein received by the collector shall be paid into the county or city treasury, as provided by law.In any county of the first classification with a charter form of government which contains all or part of a city with a population of three hundred fifty thousand or more inhabitants, the collector shall, at the time of delivering such license, collect a fee set by the governing body of the county, except that such fee shall not exceed one hundred dollars and the governing body of the county may, in lieu of altering the fee otherwise prescribed in this section, elect to not collect any fee for the issuance and delivery of such licenses.]