SECOND REGULAR SESSION

HOUSE BILL NO. 2046

93RD GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES FRANZ (Sponsor) AND SUTHERLAND (Co-sponsor).

                  Read 1st time March 27, 2006 and copies ordered printed.

STEPHEN S. DAVIS, Chief Clerk

4945L.01I


 

AN ACT

To repeal sections 49.082, 50.334, 51.281, 52.269, 53.082, 54.261, 56.265, and 58.095, RSMo, and to enact in lieu thereof eight new sections relating to salary schedules of county officials.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Sections 49.082, 50.334, 51.281, 52.269, 53.082, 54.261, 56.265, and 58.095, RSMo, are repealed and eight new sections enacted in lieu thereof, to be known as sections 49.082, 50.334, 51.281, 52.269, 53.082, 54.261, 56.265, and 58.095, to read as follows:

            49.082. 1. A county commissioner in any county, other than in a first classification chartered county or a first classification county not having a charter form of government and not containing any part of a city with a population of three hundred thousand or more, shall, subject to any other adjustment otherwise provided in this section, receive an annual salary computed as set forth in the following schedule. The assessed valuation factor shall be the amount thereof as shown for the year next preceding the computation. The provisions of this section shall not permit or require a reduction in the amount of compensation being paid for the office of commissioner on January 1, 1997.

            Assessed Valuation                                                                Salary

            $18,000,000 to 40,999,999                                                     $19,140

            41,000,000 to 53,999,999                                                       19,800

            54,000,000 to 65,999,999                                                       21,120

            66,000,000 to 85,999,999                                                       22,440

            86,000,000 to 99,999,999                                                       23,760

            100,000,000 to 130,999,999                                                   25,080

            131,000,000 to 159,999,999                                                   26,400

            160,000,000 to 189,999,999                                                   27,060

            190,000,000 to 249,999,999                                                   27,390

            250,000,000 to 299,999,999                                                   28,380

            300,000,000 [or more] to 329,999,999                                   29,700

            330,000,000 to 359,999,999                                                   31,700

            360,000,000 to 389,999,999                                                   33,700

            390,000,000 to 419,999,999                                                   35,700

            420,000,000 to 449,999,999                                                   37,700

            450,000,000 to 499,999,999                                                   39,700

            500,000,000 to 549,999,999                                                   41,700

            550,000,000 or more                                                             43,700

            2. In addition to any compensation provided pursuant to subsection 1 of this section, the presiding commissioner of any county not having a charter form of government shall receive two thousand dollars annual salary.

            3. Two thousand dollars of the salary authorized in this section shall be payable to a commissioner only if the commissioner has completed at least twenty hours of classroom instruction each calendar year relating to the operations of the commissioner's office when approved by a professional association of the county commissioners of Missouri unless exempted from the training by the professional association. The professional association approving the program shall provide a certificate of completion to each commissioner who completes the training program and shall send a list of certified commissioners to the treasurer of each county. Expenses incurred for attending the training session may be reimbursed to a county commissioner in the same manner as other expenses as may be appropriated for that purpose.

            4. A county commissioner in any county, other than a first classification charter county or a first classification county not having a charter form of government and not containing any part of a city with a population of three hundred thousand or more, shall not, except upon a two-thirds vote of all the members of the salary commission, receive an annual compensation in an amount less than the total compensation being received for the office of county commissioner or presiding commissioner respectively for the particular county for services rendered or performed on the date the salary commission votes.

            50.334. 1. In all counties, except counties of the first classification having a charter form of government and counties of the first classification not having a charter form of government and not containing any part of a city with a population of three hundred thousand or more, each recorder of deeds, if the recorder's office is separate from that of the circuit clerk, shall receive as total compensation for all services performed by the recorder, except as provided pursuant to section 50.333, an annual salary which shall be computed on an assessed valuation basis as set forth in the following schedule. The assessed valuation factor shall be the amount thereof as computed for the year next preceding the computation. The county recorder of deeds whose office is separate from that of the circuit clerk in any county, other than a county of the first classification having a charter form of government or a county of the first classification not having a charter form of government and not containing any part of a city with a population of three hundred thousand or more, shall not, except upon two-thirds vote of all the members of the salary commission, receive an annual compensation in an amount less than the total compensation being received for the office of county recorder of deeds in the particular county for services rendered or performed on January 1, 1997.

            Assessed Valuation                                                                Salary

            $8,000,000 to 40,999,999                                                       $29,000

            41,000,000 to 53,999,999                                                       30,000

            54,000,000 to 65,999,999                                                       32,000

            66,000,000 to 85,999,999                                                       34,000

            86,000,000 to 99,999,999                                                       36,000

            100,000,000 to 130,999,999                                                   38,000

            131,000,000 to 159,999,999                                                   40,000

            160,000,000 to 189,999,999                                                   41,000

            190,000,000 to 249,999,999                                                   41,500

            250,000,000 to 299,999,999                                                   43,000

            300,000,000 [or more] to 329,999,999                                   45,000

            330,000,000 to 359,999,999                                                   47,000

            360,000,000 to 389,999,999                                                   49,000

            390,000,000 to 419,999,999                                                   51,000

            420,000,000 to 449,999,999                                                   53,000

            450,000,000 to 499,999,999                                                   55,000

            500,000,000 to 549,999,999                                                   57,000

            550,000,000 or more                                                             59,000

            2. Two thousand dollars of the salary authorized in this section shall be payable to the recorder only if he has completed at least twenty hours of classroom instruction each calendar year relating to the operations of the recorder's office when approved by a professional association of the county recorders of deeds of Missouri unless exempted from the training by the professional association. The professional association approving the program shall provide a certificate of completion to each recorder who completes the training program and shall send a list of certified recorders to the treasurer of each county. Expenses incurred for attending the training session shall be reimbursed to the county recorder in the same manner as other expenses as may be appropriated for that purpose.

            51.281. 1. The county clerk in any county, other than in a first classification county, shall receive an annual salary computed as set forth in the following schedule. The assessed valuation factor shall be the amount thereof as shown for the year next preceding the computation. The provisions of this section shall not permit or require a reduction in the amount of compensation being paid for the office of clerk on January 1, 1997.

            Assessed Valuation                                                                Salary

            $18,000,000 to 40,999,999                                                     $29,000

            41,000,000 to 53,999,999                                                       30,000

            54,000,000 to 65,999,999                                                       32,000

            66,000,000 to 85,999,999                                                       34,000

            86,000,000 to 99,999,999                                                       36,000

            100,000,000 to 130,999,999                                                   38,000

            131,000,000 to 159,999,999                                                   40,000

            160,000,000 to 189,999,999                                                   41,000

            190,000,000 to 249,999,999                                                   41,500

            250,000,000 to 299,999,999                                                   43,000

            300,000,000 [or more] to 329,999,999                                   45,000

            330,000,000 to 359,999,999                                                   47,000

            360,000,000 to 389,999,999                                                   49,000

            390,000,000 to 419,999,999                                                   51,000

            420,000,000 to 449,999,999                                                   53,000

            450,000,000 to 499,999,999                                                   55,000

            500,000,000 to 549,999,999                                                   57,000

            550,000,000 or more                                                             59,000

            2. Two thousand dollars of the salary authorized in this section shall be payable to the clerk only if the clerk has completed at least twenty hours of classroom instruction each calendar year relating to the operations of the clerk's office when approved by a professional association of the county clerks of Missouri unless exempted from the training by the professional association. The professional association approving the program shall provide a certificate of completion to each clerk who completes the training program and shall send a list of certified clerks to the treasurer of each county. Expenses incurred for attending the training session may be reimbursed to the county clerk in the same manner as other expenses as may be appropriated for that purpose.

            3. [The county clerk may retain any fees to which he is entitled for services performed in the issuance of fish and game licenses or permits.

            4.] The county clerk in any county, other than a first classification charter county or a first classification county not having a charter form of government and not containing any part of a city with a population of three hundred thousand or more, shall not, except upon two-thirds vote of all the members of the salary commission, receive an annual compensation in an amount less than the total compensation being received for the office of county clerk in the particular county for services rendered or performed on the date the salary commission votes.

            52.269. 1. In all counties, except first classification counties having a charter form of government and first classification counties not having a charter form of government and not containing any part of a city with a population of three hundred thousand or more, the county collector shall receive an annual salary which shall be paid in equal monthly installments by the county. The salary shall be computed on an assessed valuation basis as provided in this subsection. The assessed valuation factor shall be the amount as shown for the year next preceding the annual salary computation. A county collector subject to the provisions of this section shall not receive an annual compensation less than the total compensation being received by the county collector in that county for services rendered or performed for the period beginning March 1, 1987, and ending February 29, 1988. The county collector shall receive the same percentage adjustments provided by the county salary commissions for county officers in that county pursuant to section 50.333, RSMo. The provisions of this section shall not permit or require a reduction in the amount of compensation being paid for the office of county collector on January 1, 1997, or less than the total compensation being received for the services rendered or performed for the period beginning March 1, 1987, and ending February 29, 1988. The salary shall be computed on the basis of the following schedule:

            Assessed Valuation                                                                Salary

            $18,000,000 to 40,999,999                                                     $29,000

            41,000,000 to 53,999,999                                                       30,000

            54,000,000 to 65,999,999                                                       32,000

            66,000,000 to 85,999,999                                                       34,000

            86,000,000 to 99,999,999                                                       36,000

            100,000,000 to 130,999,999                                                   38,000

            131,000,000 to 159,999,999                                                   40,000

            160,000,000 to 189,999,999                                                   41,000

            190,000,000 to 249,999,999                                                   41,500

            250,000,000 to 299,999,999                                                   43,000

            300,000,000 [or more] to 329,999,999                                   45,000

            330,000,000 to 359,999,999                                                   47,000

            360,000,000 to 389,999,999                                                   49,000

            390,000,000 to 419,999,999                                                   51,000

            420,000,000 to 449,999,999                                                   53,000

            450,000,000 to 499,999,999                                                   55,000

            500,000,000 to 549,999,999                                                   57,000

            550,000,000 or more                                                             59,000

            2. Two thousand dollars of the salary authorized in this section shall be payable to the collector only if the collector has completed at least twenty hours of classroom instruction each calendar year relating to the operations of the collector's office when approved by a professional association of the county collectors of Missouri unless exempted from the training by the professional association. The professional association approving the program shall provide a certificate of completion to each collector who completes the training program and shall send a list of certified collectors to the treasurer of each county. Expenses incurred for attending the training session may be reimbursed to the county collector in the same manner as other expenses as may be appropriated for that purpose.

            3. Any provision of law to the contrary notwithstanding, any fee provided for in section 52.250 or 52.275, when collected on ditch and levee taxes, shall not be collected on behalf of the county and deposited into the county general revenue fund. Such fee shall be retained by the collector as compensation for his services, in addition to any amount provided for such collector in this section.

            4. Except as provided in subsection 3 of this section, after the next general election following January 1, 1988, all fees collected by the collector shall be collected on behalf of the county and deposited in the county general revenue fund.

            53.082. 1. The county assessor in any county, other than in a first classification county, shall receive an annual salary computed as set forth in the following schedule provided in this subsection. The assessed valuation factor shall be the amount thereof as shown for the year next preceding the computation. The provisions of this section shall not permit or require a reduction in the amount of compensation being paid for the office of assessor on September 1, 1997.

            Assessed Valuation                                                                Salary

            $18,000,000 to 40,999,999                                                     $29,000

            41,000,000 to 53,999,999                                                       30,000

            54,000,000 to 65,999,999                                                       32,000

            66,000,000 to 85,999,999                                                       34,000

            86,000,000 to 99,999,999                                                       36,000

            100,000,000 to 130,999,999                                                   38,000

            131,000,000 to 159,999,999                                                   40,000

            160,000,000 to 189,999,999                                                   41,000

            190,000,000 to 249,999,999                                                   41,500

            250,000,000 to 299,999,999                                                   43,000

            300,000,000 [or more] to 329,999,999                                   45,000

            330,000,000 to 359,999,999                                                   47,000

            360,000,000 to 389,999,999                                                   49,000

            390,000,000 to 419,999,999                                                   51,000

            420,000,000 to 449,999,999                                                   53,000

            450,000,000 to 499,999,999                                                   55,000

            500,000,000 to 549,999,999                                                   57,000

            550,000,000 or more                                                             59,000

            2. The compensation for county assessors in second, third and fourth classification counties for the term of office beginning September 1, 1997, shall be calculated pursuant to the salary schedule in this section using the percentage increase approved by the county salary commission when establishing the compensation for the office of county assessor at the salary commission meeting in 1997. This salary shall become effective on September 1, 1997.

            3. Two thousand dollars of the salary authorized in this section shall be payable to the assessor only if the assessor has completed at least twenty hours of classroom instruction each calendar year relating to the operations of the assessor's office when approved by a professional association of the county assessors of Missouri unless exempted from the training by the professional association. The professional association approving the program shall provide a certificate of completion to each assessor who completes the training program and shall send a list of certified assessors to the treasurer of each county. Expenses incurred for attending the training session may be reimbursed to the county assessor in the same manner as other expenses as may be appropriated for that purpose.

            4. The county assessor in any county, except a first classification county, shall not, except upon two-thirds vote of all the members of the salary commission, receive an annual compensation in an amount less than the total compensation being received for the office of county assessor in the particular county for services rendered or performed on the date the salary commission votes.

            54.261. 1. The county treasurer in counties of the first classification, not having a charter form of government and containing a portion of a city with a population of three hundred thousand or more, and in counties of the second, third and fourth classifications of this state, shall receive as compensation for services performed by the treasurer an annual salary based upon the assessed valuation of the county. The provisions of this section shall not permit or require a reduction, nor shall require an increase, in the amount of compensation being paid for the office of treasurer on January 1, 2002.

            2. The amount of salary based upon assessed valuation shall be computed according to the following schedule:

            Assessed Valuation                                                                Salary

            $18,000,000 to 40,999,999                                                     $29,000

            41,000,000 to 53,999,999                                                       30,000

            54,000,000 to 65,999,999                                                       32,000

            66,000,000 to 85,999,999                                                       34,000

            86,000,000 to 99,999,999                                                       36,000

            100,000,000 to 130,999,999                                                   38,000

            131,000,000 to 159,999,999                                                   40,000

            160,000,000 to 189,999,999                                                   41,000

            190,000,000 to 249,999,999                                                   41,500

            250,000,000 to 299,999,999                                                   43,000

            300,000,000 [or more] to 329,999,999                                   45,000

            330,000,000 to 359,999,999                                                   47,000

            360,000,000 to 389,999,999                                                   49,000

            390,000,000 to 419,999,999                                                   51,000

            420,000,000 to 449,999,999                                                   53,000

            450,000,000 to 499,999,999                                                   55,000

            500,000,000 to 549,999,999                                                   57,000

            550,000,000 or more                                                             59,000

            3. Two thousand dollars of the salary authorized in this section shall be payable to the treasurer only if the treasurer has completed at least twenty hours of classroom instruction each calendar year relating to the operations of the treasurer's office when approved by a professional association of the county treasurers or county collectors of Missouri unless exempted from the training by the professional association. The professional association approving the program shall provide a certificate of completion to each treasurer who completes the training program and shall send a list of certified treasurers to the county commission of each county. Expenses incurred for attending the training session may be reimbursed to the county treasurer in the same manner as other expenses as may be appropriated for that purpose.

            4. The county treasurer in any county, other than a county of the first classification having a charter form of government or a county of the first classification not having a charter form of government and not containing any part of a city with a population of three hundred thousand or more, shall not, except upon two-thirds vote of all the members of the commission, receive an annual compensation in an amount less than the total compensation being received for the office of county treasurer in the particular county for services rendered or performed on the date the salary commission votes.

            5. In the event of a vacancy due to death, resignation, or otherwise in the office of treasurer in any county except a county with a charter form of government, and when there is no deputy treasurer, the county commission shall appoint a qualified acting treasurer until such time as the vacancy is filled by the governor pursuant to section 105.030, RSMo, or the elected treasurer returns to work. The county commission shall employ and fix the compensation of clerical and other assistants necessary to enable the interim treasurer to efficiently perform the duties of the office.

            56.265. 1. The county prosecuting attorney in any county, other than in a chartered county, shall receive an annual salary computed using the following schedule, when applicable. The assessed valuation factor shall be the amount thereof as shown for the year immediately preceding the year for which the computation is done.

            (1) For a full-time prosecutor the prosecutor shall receive compensation equal to the compensation of an associate circuit judge;

            (2) For a part-time prosecutor:

            Assessed Valuation                                                                Amount

            $18,000,000 to 40,999,999                                                     $37,000

            41,000,000 to 53,999,999                                                       38,000

            54,000,000 to 65,999,999                                                       39,000

            66,000,000 to 85,999,999                                                       41,000

            86,000,000 to 99,999,999                                                       43,000

            100,000,000 to 130,999,999                                                   45,000

            131,000,000 to 159,999,999                                                   47,000

            160,000,000 to 189,999,999                                                   49,000

            190,000,000 to 249,999,999                                                   51,000

            250,000,000 to 299,999,999                                                   53,000

            300,000,000 [or more] to 329,999,999                                   55,000

            330,000,000 to 359,999,999                                                   57,000

            360,000,000 to 389,999,999                                                   59,000

            390,000,000 to 419,999,999                                                   61,000

            420,000,000 to 449,999,999                                                   63,000

            450,000,000 to 499,999,999                                                   65,000

            500,000,000 to 549,999,999                                                   67,000

            550,000,000 or more                                                             69,000

            2. Two thousand dollars of the salary authorized in this section shall be payable to the prosecuting attorney only if the prosecuting attorney has completed at least twenty hours of classroom instruction each calendar year relating to the operations of the prosecuting attorney's office when approved by a professional association of the county prosecuting attorneys of Missouri unless exempted from the training by the professional association. The professional association approving the program shall provide a certificate of completion to each prosecuting attorney who completes the training program and shall send a list of certified prosecuting attorneys to the treasurer of each county. Expenses incurred for attending the training session may be reimbursed to the county prosecuting attorney in the same manner as other expenses as may be appropriated for that purpose.

            3. As used in this section, the term "prosecuting attorney" includes the circuit attorney of any city not within a county.

            4. The prosecuting attorney of any county which becomes a county of the first classification during a four-year term of office or a county which passed the proposition authorized by section 56.363 shall not be required to devote full time to such office pursuant to section 56.067 until the beginning of the prosecuting attorney's next term of office or until the proposition otherwise becomes effective.

            5. The provisions of section 56.066 shall not apply to full-time prosecutors who are compensated pursuant to subdivision (1) of subsection 1 of this section.

            58.095. 1. The county coroner in any county, other than in a first classification chartered county, shall receive an annual salary computed on a basis as set forth in the following schedule. The provisions of this section shall not permit or require a reduction in the amount of compensation being paid for the office of coroner on January 1, 1997:

            Assessed Valuation                                                                Salary

            $18,000,000 to 40,999,999                                                     $8,000

            41,000,000 to 53,999,999                                                       8,500

            54,000,000 to 65,999,999                                                       9,000

            66,000,000 to 85,999,999                                                       9,500

            86,000,000 to 99,999,999                                                       10,000

            100,000,000 to 130,999,999                                                   11,000

            131,000,000 to 159,999,999                                                   12,000

            160,000,000 to 189,999,999                                                   13,000

            190,000,000 to 249,999,999                                                   14,000

            250,000,000 to 299,999,999                                                   15,000

            300,000,000 [or more] to 329,999,999                                   16,000

            330,000,000 to 359,999,999                                                   17,000

            360,000,000 to 389,999,999                                                   18,000

            390,000,000 to 419,999,999                                                   19,000

            420,000,000 to 449,999,999                                                   20,000

            450,000,000 to 499,999,999                                                   21,000

            500,000,000 to 549,999,999                                                   22,000

            550,000,000 or more                                                             23,000

            2. One thousand dollars of the salary authorized in this section shall be payable to the coroner only if the coroner has completed at least twenty hours of classroom instruction each calendar year relating to the operations of the coroner's office when approved by a professional association of the county coroners of Missouri unless exempted from the training by the professional association. The professional association approving the program shall provide a certificate of completion to each coroner who completes the training program and shall send a list of certified coroners to the treasurer of each county. Expenses incurred for attending the training session may be reimbursed to the county coroner in the same manner as other expenses as may be appropriated for that purpose.

            3. The county coroner in any county, other than a first classification charter county, shall not, except upon two-thirds vote of all the members of the salary commission, receive an annual compensation in an amount less than the total compensation being received for the office of county coroner in the particular county for services rendered or performed on the date the salary commission votes.

            4. For the term beginning in 1997, the compensation of the coroner, in counties in which the salary commission has not voted to pay one hundred percent of the maximum allowable salary, shall be a percentage of the maximum allowable salary established by this section. The percentage applied shall be the same percentage of the maximum allowable salary received or allowed, whichever is greater, to the presiding commissioner or sheriff, whichever is greater, of that county for the year beginning January 1, 1997. In those counties in which the salary commission has voted to pay one hundred percent of the maximum allowable salary, the compensation of the coroner shall be based on the maximum allowable salary in effect at each time a coroner's term of office commences following the vote to pay one hundred percent of the maximum allowable compensation. Subsequent compensation shall be determined as provided in section 50.333, RSMo.

            5. Effective January 1, 1997, the county coroner in any county, other than a county of the first classification with a charter form of government, may, upon the approval of the county commission, receive additional compensation for any month during which investigations or other services are performed for three or more decedents in the same incident during such month. The additional compensation shall be an amount that when added to the regular compensation the sum shall equal the monthly compensation of the county sheriff.