SECOND REGULAR SESSION

HOUSE BILL NO. 1966

100TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE LYNCH.

3974H.01I DANA RADEMAN MILLER, Chief Clerk

AN ACT

To repeal sections 8.250, 8.679, 21.290, 21.300, 21.310, 21.320, 33.440, 34.030, 34.040, 34.042,

34.044, 49.265, 49.535, 50.333, 50.660, 50.760, 50.783, 50.800, 50.815, 56.363, 60.010,

64.040, 64.140, 64.180, 64.231, 64.271, 64.281, 64.341, 64.342, 64.401, 64.550, 64.725,

64.815, 65.610, 65.662, 66.705, 66.711, 67.110, 67.461, 67.794, 67.950, 67.1170,

67.1180, 67.1237, 67.1421, 67.1431, 67.1551, 67.1812, 67.1866, 67.1874, 67.1953,

67.2000, 67.2505, 67.2515, 67.2520, 67.2525, 67.5050, 67.5060, 68.055, 68.215, 68.225,

68.250, 71.012, 71.015, 71.050, 71.070, 71.590, 71.794, 72.402, 72.403, 72.405, 72.422,

77.110, 77.220, 77.700, 78.300, 78.630, 79.160, 79.490, 80.200, 80.210, 80.570, 80.580,

81.220, 82.120, 82.133, 84.570, 88.027, 88.080, 88.110, 88.520, 88.640, 88.653, 88.657,

88.700, 88.787, 88.808, 88.812, 88.815, 88.880, 88.887, 88.917, 89.145, 89.360, 91.130,

91.670, 92.755, 95.280, 99.150, 99.430, 99.450, 99.490, 99.620, 99.825, 99.830, 99.865,

99.879, 99.881, 99.899, 99.936, 99.951, 99.980, 99.1021, 99.1036, 99.1060, 99.1088,

100.400, 100.410, 100.440, 100.580, 108.320, 110.070, 110.130, 115.023, 115.113,

115.124, 115.127, 115.345, 115.389, 115.521, 116.260, 116.290, 128.030, 135.210,

135.215, 135.963, 137.055, 137.073, 137.177, 137.355, 137.512, 138.050, 138.070,

138.100, 138.150, 138.460, 140.170, 141.040, 141.410, 141.430, 141.450, 141.540,

141.785, 141.850, 141.1009, 141.1012, 144.034, 160.665, 161.092, 162.321, 165.111,

165.121, 165.211, 172.020, 177.073, 177.086, 177.088, 177.091, 182.620, 184.104,

184.350, 184.353, 184.503, 184.509, 184.600, 184.830, 190.020, 190.088, 192.300,

197.330, 198.220, 204.260, 204.350, 204.355, 204.472, 204.567, 204.602, 204.604,

204.622, 204.658, 205.200, 205.979, 206.030, 206.060, 214.035, 214.060, 214.209,

226.799, 227.100, 227.107, 227.601, 227.609, 228.180, 229.050, 231.220, 231.280,

231.370, 231.410, 233.150, 233.175, 233.205, 233.225, 233.285, 233.295, 233.316,

233.325, 233.350, 233.370, 233.425, 233.503, 233.520, 234.120, 234.130, 238.212,

EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intendedto be omitted from the law. Matter in bold-face type in the above bill is proposed language.

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238.220, 238.310, 241.160, 242.030, 242.050, 242.140, 242.150, 242.270, 242.310,

242.485, 242.696, 242.720, 243.060, 243.110, 243.160, 243.220, 243.460, 243.550,

245.020, 245.060, 245.125, 245.140, 245.181, 245.300, 245.320, 245.395, 245.460,

246.070, 246.090, 246.160, 247.031, 247.040, 247.085, 247.160, 247.165, 247.215,

247.217, 247.220, 248.020, 248.090, 248.110, 249.050, 249.134, 249.340, 249.360,

249.425, 249.480, 249.510, 249.765, 249.800, 249.810, 249.939, 249.1103, 251.330,

251.370, 251.430, 253.080, 253.300, 256.645, 257.250, 259.140, 260.205, 260.215,

260.330, 260.395, 260.405, 260.460, 262.410, 262.583, 262.620, 262.900, 263.245,

263.247, 263.255, 263.257, 263.454, 263.456, 263.517, 267.595, 271.100, 271.340,

272.370, 273.170, 273.180, 274.100, 278.190, 287.872, 304.130, 305.310, 305.525,

305.575, 311.140, 311.840, 322.100, 341.130, 347.141, 347.145, 351.482, 352.200,

354.290, 355.626, 355.701, 359.481, 361.480, 361.510, 361.580, 362.044, 362.295,

362.331, 362.332, 362.485, 369.094, 369.104, 369.192, 369.349, 375.201, 375.355,

375.480, 375.777, 375.1185, 376.050, 376.070, 376.110, 376.150, 377.240, 379.025,

379.030, 379.040, 379.065, 379.095, 379.530, 379.570, 379.600, 380.041, 380.151,

380.321, 386.800, 388.290, 391.020, 392.040, 393.040, 393.760, 393.855, 393.945,

394.240, 400.7-210, 411.360, 411.671, 415.415, 417.250, 417.300, 426.150, 426.180,

426.320, 426.350, 430.100, 430.160, 430.170, 433.160, 443.110, 443.320, 444.110,

444.535, 444.600, 444.720, 444.772, 444.820, 444.850, 444.855, 444.875, 444.925,

446.090, 447.040, 447.541, 447.558, 451.300, 456.5-505, 470.080, 472.100, 472.110,

473.033, 473.040, 473.097, 473.507, 473.697, 473.703, 475.140, 479.368, 492.470,

492.480, 493.025, 493.027, 493.040, 493.045, 493.050, 493.055, 493.060, 493.070,

493.075, 493.080, 493.090, 493.100, 493.110, 493.120, 493.130, 493.140, 506.160,

506.180, 511.420, 513.205, 515.520, 523.030, 523.262, 525.270, 527.200, 527.290,

578.100, 640.015, 640.120, 640.418, 644.036, and 700.527, RSMo, and to enact in lieu

thereof four hundred thirty-six new sections relating to the means by which public notice

is required to be published.

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

Section A. Sections 8.250, 8.679, 21.290, 21.300, 21.310, 21.320, 33.440, 34.030,

2 34.040, 34.042, 34.044, 49.265, 49.535, 50.333, 50.660, 50.760, 50.783, 50.800, 50.815, 56.363,

3 60.010, 64.040, 64.140, 64.180, 64.231, 64.271, 64.281, 64.341, 64.342, 64.401, 64.550, 64.725,

4 64.815, 65.610, 65.662, 66.705, 66.711, 67.110, 67.461, 67.794, 67.950, 67.1170, 67.1180,

5 67.1237, 67.1421, 67.1431, 67.1551, 67.1812, 67.1866, 67.1874, 67.1953, 67.2000, 67.2505,

6 67.2515, 67.2520, 67.2525, 67.5050, 67.5060, 68.055, 68.215, 68.225, 68.250, 71.012, 71.015,

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7 71.050, 71.070, 71.590, 71.794, 72.402, 72.403, 72.405, 72.422, 77.110, 77.220, 77.700, 78.300,

8 78.630, 79.160, 79.490, 80.200, 80.210, 80.570, 80.580, 81.220, 82.120, 82.133, 84.570, 88.027,

9 88.080, 88.110, 88.520, 88.640, 88.653, 88.657, 88.700, 88.787, 88.808, 88.812, 88.815, 88.880,

10 88.887, 88.917, 89.145, 89.360, 91.130, 91.670, 92.755, 95.280, 99.150, 99.430, 99.450, 99.490,

11 99.620, 99.825, 99.830, 99.865, 99.879, 99.881, 99.899, 99.936, 99.951, 99.980, 99.1021,

12 99.1036, 99.1060, 99.1088, 100.400, 100.410, 100.440, 100.580, 108.320, 110.070, 110.130,

13 115.023, 115.113, 115.124, 115.127, 115.345, 115.389, 115.521, 116.260, 116.290, 128.030,

14 135.210, 135.215, 135.963, 137.055, 137.073, 137.177, 137.355, 137.512, 138.050, 138.070,

15 138.100, 138.150, 138.460, 140.170, 141.040, 141.410, 141.430, 141.450, 141.540, 141.785,

16 141.850, 141.1009, 141.1012, 144.034, 160.665, 161.092, 162.321, 165.111, 165.121, 165.211,

17 172.020, 177.073, 177.086, 177.088, 177.091, 182.620, 184.104, 184.350, 184.353, 184.503,

18 184.509, 184.600, 184.830, 190.020, 190.088, 192.300, 197.330, 198.220, 204.260, 204.350,

19 204.355, 204.472, 204.567, 204.602, 204.604, 204.622, 204.658, 205.200, 205.979, 206.030,

20 206.060, 214.035, 214.060, 214.209, 226.799, 227.100, 227.107, 227.601, 227.609, 228.180,

21 229.050, 231.220, 231.280, 231.370, 231.410, 233.150, 233.175, 233.205, 233.225, 233.285,

22 233.295, 233.316, 233.325, 233.350, 233.370, 233.425, 233.503, 233.520, 234.120, 234.130,

23 238.212, 238.220, 238.310, 241.160, 242.030, 242.050, 242.140, 242.150, 242.270, 242.310,

24 242.485, 242.696, 242.720, 243.060, 243.110, 243.160, 243.220, 243.460, 243.550, 245.020,

25 245.060, 245.125, 245.140, 245.181, 245.300, 245.320, 245.395, 245.460, 246.070, 246.090,

26 246.160, 247.031, 247.040, 247.085, 247.160, 247.165, 247.215, 247.217, 247.220, 248.020,

27 248.090, 248.110, 249.050, 249.134, 249.340, 249.360, 249.425, 249.480, 249.510, 249.765,

28 249.800, 249.810, 249.939, 249.1103, 251.330, 251.370, 251.430, 253.080, 253.300, 256.645,

29 257.250, 259.140, 260.205, 260.215, 260.330, 260.395, 260.405, 260.460, 262.410, 262.583,

30 262.620, 262.900, 263.245, 263.247, 263.255, 263.257, 263.454, 263.456, 263.517, 267.595,

31 271.100, 271.340, 272.370, 273.170, 273.180, 274.100, 278.190, 287.872, 304.130, 305.310,

32 305.525, 305.575, 311.140, 311.840, 322.100, 341.130, 347.141, 347.145, 351.482, 352.200,

33 354.290, 355.626, 355.701, 359.481, 361.480, 361.510, 361.580, 362.044, 362.295, 362.331,

34 362.332, 362.485, 369.094, 369.104, 369.192, 369.349, 375.201, 375.355, 375.480, 375.777,

35 375.1185, 376.050, 376.070, 376.110, 376.150, 377.240, 379.025, 379.030, 379.040, 379.065,

36 379.095, 379.530, 379.570, 379.600, 380.041, 380.151, 380.321, 386.800, 388.290, 391.020,

37 392.040, 393.040, 393.760, 393.855, 393.945, 394.240, 400.7-210, 411.360, 411.671, 415.415,

38 417.250, 417.300, 426.150, 426.180, 426.320, 426.350, 430.100, 430.160, 430.170, 433.160,

39 443.110, 443.320, 444.110, 444.535, 444.600, 444.720, 444.772, 444.820, 444.850, 444.855,

40 444.875, 444.925, 446.090, 447.040, 447.541, 447.558, 451.300, 456.5-505, 470.080, 472.100,

41 472.110, 473.033, 473.040, 473.097, 473.507, 473.697, 473.703, 475.140, 479.368, 492.470,

42 492.480, 493.025, 493.027, 493.040, 493.045, 493.050, 493.055, 493.060, 493.070, 493.075,

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43 493.080, 493.090, 493.100, 493.110, 493.120, 493.130, 493.140, 506.160, 506.180, 511.420,

44 513.205, 515.520, 523.030, 523.262, 525.270, 527.200, 527.290, 578.100, 640.015, 640.120,

45 640.418, 644.036, and 700.527, RSMo, are repealed and four hundred thirty-six new sections

46 enacted in lieu thereof, to be known as sections 8.250, 8.679, 21.290, 21.320, 33.440, 34.030,

47 34.040, 34.042, 34.044, 49.265, 49.535, 50.333, 50.660, 50.760, 50.783, 50.800, 50.815, 56.363,

48 60.010, 64.040, 64.140, 64.180, 64.231, 64.271, 64.281, 64.341, 64.342, 64.401, 64.550, 64.725,

49 64.815, 65.610, 65.662, 66.705, 66.711, 67.110, 67.461, 67.794, 67.950, 67.1170, 67.1180,

50 67.1237, 67.1421, 67.1431, 67.1551, 67.1812, 67.1866, 67.1874, 67.1953, 67.2000, 67.2505,

51 67.2515, 67.2520, 67.2525, 67.5050, 67.5060, 68.055, 68.215, 68.225, 68.250, 71.012, 71.015,

52 71.050, 71.070, 71.590, 71.794, 72.402, 72.403, 72.405, 72.422, 77.110, 77.220, 77.700, 78.300,

53 78.630, 79.160, 79.490, 80.200, 80.210, 80.570, 80.580, 81.220, 82.120, 82.133, 84.570, 88.027,

54 88.080, 88.110, 88.520, 88.640, 88.653, 88.657, 88.700, 88.787, 88.808, 88.812, 88.815, 88.880,

55 88.887, 88.917, 89.145, 89.360, 91.130, 91.670, 92.755, 95.280, 99.150, 99.430, 99.450, 99.490,

56 99.620, 99.825, 99.830, 99.865, 99.879, 99.881, 99.899, 99.936, 99.951, 99.980, 99.1021,

57 99.1036, 99.1060, 99.1088, 100.400, 100.410, 100.440, 100.580, 108.320, 110.070, 110.130,

58 115.023, 115.113, 115.124, 115.127, 115.345, 115.389, 115.521, 116.290, 128.030, 135.210,

59 135.215, 135.963, 137.055, 137.073, 137.177, 137.355, 137.512, 138.050, 138.070, 138.100,

60 138.150, 138.460, 140.170, 141.040, 141.410, 141.430, 141.450, 141.540, 141.785, 141.850,

61 141.1009, 141.1012, 144.034, 160.665, 161.092, 162.321, 165.111, 165.121, 165.211, 172.020,

62 177.073, 177.086, 177.088, 177.091, 182.620, 184.104, 184.350, 184.353, 184.503, 184.509,

63 184.600, 184.830, 190.020, 190.088, 192.300, 197.330, 198.220, 204.260, 204.350, 204.355,

64 204.472, 204.567, 204.602, 204.604, 204.622, 204.658, 205.200, 205.979, 206.030, 206.060,

65 214.035, 214.060, 214.209, 226.799, 227.100, 227.107, 227.601, 227.609, 228.180, 229.050,

66 231.220, 231.280, 231.370, 231.410, 233.150, 233.175, 233.205, 233.225, 233.285, 233.295,

67 233.316, 233.325, 233.350, 233.370, 233.425, 233.503, 233.520, 234.120, 234.130, 238.212,

68 238.220, 238.310, 241.160, 242.030, 242.050, 242.140, 242.150, 242.270, 242.310, 242.485,

69 242.696, 242.720, 243.060, 243.110, 243.160, 243.220, 243.460, 243.550, 245.020, 245.060,

70 245.125, 245.140, 245.181, 245.300, 245.320, 245.395, 245.460, 246.070, 246.090, 246.160,

71 247.031, 247.040, 247.085, 247.160, 247.165, 247.215, 247.217, 247.220, 248.020, 248.090,

72 248.110, 249.050, 249.134, 249.340, 249.360, 249.425, 249.480, 249.510, 249.765, 249.800,

73 249.810, 249.939, 249.1103, 251.330, 251.370, 251.430, 253.080, 253.300, 256.645, 257.250,

74 259.140, 260.205, 260.215, 260.330, 260.395, 260.405, 260.460, 262.410, 262.583, 262.620,

75 262.900, 263.245, 263.247, 263.255, 263.257, 263.454, 263.456, 263.517, 267.595, 271.100,

76 272.370, 273.170, 273.180, 274.100, 278.190, 287.872, 304.130, 305.310, 305.525, 305.575,

77 311.140, 311.840, 322.100, 341.130, 347.141, 347.145, 351.482, 352.200, 354.290, 355.626,

78 355.701, 359.481, 361.480, 361.510, 361.580, 362.044, 362.295, 362.331, 362.332, 362.485,

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79 369.094, 369.104, 369.192, 369.349, 375.201, 375.355, 375.480, 375.777, 375.1185, 376.050,

80 376.070, 376.110, 376.150, 377.240, 379.025, 379.030, 379.040, 379.065, 379.095, 379.530,

81 379.570, 379.600, 380.041, 380.151, 380.321, 386.800, 388.290, 391.020, 392.040, 393.040,

82 393.760, 393.855, 393.945, 394.240, 400.7-210, 411.360, 411.671, 415.415, 417.250, 417.300,

83 426.150, 426.180, 426.320, 426.350, 430.100, 430.160, 430.170, 433.160, 443.110, 443.320,

84 444.110, 444.535, 444.600, 444.720, 444.772, 444.820, 444.850, 444.855, 444.875, 444.925,

85 446.090, 447.040, 447.541, 447.558, 451.300, 456.5-505, 470.080, 472.100, 472.110, 473.033,

86 473.040, 473.097, 473.507, 473.697, 473.703, 475.140, 479.368, 492.470, 493.077, 506.160,

87 506.180, 511.420, 513.205, 515.520, 523.030, 523.262, 525.270, 527.200, 527.290, 578.100,

88 640.015, 640.120, 640.418, 644.036, and 700.527, to read as follows:

8.250. 1. "Project" for the purposes of this chapter means the labor or material necessary

2 for the construction, renovation, or repair of improvements to real property so that the work,

3 when complete, shall be ready for service for its intended purpose and shall require no other

4 work to be a completed system or component.

5 2. All contracts for projects, the cost of which exceeds twenty-five thousand dollars,

6 entered into by any city containing five hundred thousand inhabitants or more shall be let to the

7 lowest, responsive, responsible bidder or bidders after notice and publication of an advertisement

8 [for five days in a daily newspaper in the county where the work is located, or at least twice over

9 a period of ten days or more in a newspaper in the county where the work is located, and in two

10 daily newspapers in the state which do not have less than fifty thousand daily circulation] on the

11 front page of the city's website, if it has one, for a period of five days , and by such other

12 means as are determined to be most likely to reach potential bidders. If the city does not have

13 a website, the advertisement shall be sent to the secretary of state who shall publish such

14 advertisement on the legal notices website, established pursuant to section 493.077, for a

15 period of five days.

16 3. All contracts for projects, the cost of which exceeds one hundred thousand dollars,

17 entered into by an officer or agency of this state shall be let to the lowest, responsive, responsible

18 bidder or bidders based on preestablished criteria after notice and publication of an advertisement

19 [for five days in a daily newspaper in the county where the work is located, or at least twice over

20 a period of ten days or more in a newspaper in the county where the work is located and in one

21 daily newspaper in the state which does not have less than fifty thousand daily circulation] on

22 the front page of the officer or agency's website, if it has one, for a period of five days, and

23 by such other means as determined to be most likely to reach potential bidders. If the officer

24 or agency does not have a website, the advertisement shall be sent to the secretary of state

25 who shall publish such advertisement on the legal notices website, established pursuant to

26 section 493.077, for a period of five days. For all contracts for projects between twenty-five

HB 1966 6

27 thousand dollars and one hundred thousand dollars, a minimum of three contractors shall be

28 solicited with the award being made to the lowest responsive, responsible bidder based on

29 preestablished criteria.

30 4. The number of such public bids shall not be restricted or curtailed, but shall be open

31 to all persons complying with the terms upon which the bids are requested or solicited unless

32 debarred for cause. No contract shall be awarded when the amount appropriated for same is not

33 sufficient to complete the work ready for service.

34 5. Dividing a project into component labor or material allocations for the purpose of

35 avoiding bidding or advertising provisions required by this section is specifically prohibited.

8.679. When, in the discretion of the public owner, it is determined that a public works

2 project should be performed with a negotiated contract for construction management services,

3 such public owner shall advertise and solicit proposals from qualified construction managers [in

4 the following manner: If the total cost for the erection or construction of any building or

5 structure or the improvement, alteration or repair of a building or structure exceeds five hundred

6 thousand dollars, the public owner shall request and solicit proposals by advertising for ten days

7 in one newspaper of general circulation in the county where the work is located. If the cost of

8 the work contemplated exceeds one million five hundred thousand dollars, proposals shall be

9 solicited by advertisement for ten days in two daily newspapers in the state which have not less

10 than fifty thousand daily circulation in addition to the advertisement in the county where the

11 work is located] on the front page of its website, if it has one, for a period of ten days. If the

12 public owner does not have a website, the advertisement shall be sent to the secretary of

13 state who shall publish such advertisement on the legal notices website , es tablished

14 pursuant to section 493.077, for a period of five days. The number of such proposals shall

15 not be restricted or curtailed, but shall be open to all construction managers complying with the

16 terms upon which the proposals are requested.

21.290. Notice of intention to apply for the enactment of local or special laws shall be

2 published [in each county or incorporated city or town to be affected by the local or special law,

3 by advertisement in some newspaper, if one is published in the county or incorporated city or

4 town, and if there is no newspaper published in the county or incorporated city or town, by

5 posting ten written or printed handbills in ten public places in the county or incorporated city or

6 town, one of which shall be posted on the courthouse door] on the legal notices website,

7 established pursuant to section 493.077, and shall state the substance of the contemplated

8 law.

21.320. A copy of the notice required by [this chapter, duly authenticated and proved as

2 set forth in section 21.310,] section 21.290 shall be attached to the bill before its introduction

HB 1966 7

3 and shall be once read in the senate and house of representatives before the bill is put upon its

4 passage.

33.440. It shall be the duty of the fund commissioners to select, from time to time, some

2 bank as fiscal agent, where all of the interest on the bonded debt of the state shall be paid, except

3 interest on the state school and seminary bonds or state certificates of indebtedness, the interest

4 on which shall be paid directly out of the state treasury[; and] . Whenever a change shall be

5 made in the state's fiscal agent, the board shall immediately notify the holders of said bonds of

6 such new selection by publication [in two metropolitan daily newspapers] on the front page of

7 its website, if it has one. If the board does not have a website, notice shall be sent to the

8 secretary of state who shall publish such notice on the legal notices website, established

9 pursuant to section 493.077.

34.030. 1. The commissioner of administration shall purchase all supplies for all

2 departments of the state, except as in this chapter otherwise provided. The commissioner of

3 administration shall negotiate all leases and purchase all lands, except for such departments as

4 derive their power to acquire lands from the constitution of the state.

5 2. When the commissioner of administration contracts to purchase lands on behalf of any

6 department of the state that will be owned and managed by such department or when the

7 department of natural resources contracts to purchase lands that will be owned or managed by

8 the department of natural resources, and such lands exceed sixty or more acres in a single

9 transaction or such purchase price exceeds two hundred fifty thousand dollars in a single

10 transaction, the respective department shall:

11 (1) Provide public notice on its departmental website and to each publicly elected official

12 that represents all or part of the county in which the land to be purchased is located at least sixty

13 days prior to the department of natural resources purchasing such land or the commissioner of

14 administration purchasing such land on behalf of a department;

15 (2) Provide public notice [in one newspaper with a circulation of more than five hundred

16 customers and qualified under section 493.050 in every county in which the department of

17 natural resources intends to purchase land or the commissioner of administration intends to

18 purchase private land on behalf of a department. Such public notice shall be published once per

19 week in such newspaper for a minimum of] on the front page of its website, if it has one , for

20 two weeks prior to such land purchase; and

21 (3) Hold a public hearing in every county in which the department of natural resources

22 intends to purchase land or the commissioner of administration intends to purchase land on

23 behalf of a department. The department shall provide public notice of the public hearing on its

24 departmental website and in writing to each publicly elected official who represents all or part

25 of the county in which the land to be purchased is located at least fourteen calendar days prior

HB 1966 8

26 to the hearing. The department shall also publish a public notice of the public hearing [in at least

27 one newspaper with a circulation of more than five hundred customers and qualified under

28 section 493.050 in the county in which the land to be purchased is located. The public notice

29 shall be published once per week in such newspaper or newspapers for a minimum of] on its

30 website, if it has one, at least two weeks prior to the public hearing.

34.040. 1. All purchases in excess of ten thousand dollars shall be based on competitive

2 bids, except as otherwise provided in this chapter.

3 2. On any purchase where the estimated expenditure shall be one hundred thousand

4 dollars or over, except as provided in subsection 6 of this section, the commissioner of

5 administration shall:

6 (1) Advertise for bids [in at least two daily newspapers of general circulation in such

7 places as are most likely to reach prospective bidders and may advertise in at least two weekly

8 minority newspapers and may provide such information through an electronic medium available

9 to the general public] on the front page of the office of administration's website at least five

10 days before bids for such purchases are to be opened. Other methods of advertisement, which

11 may include minority business purchase councils, however, may be adopted by the commissioner

12 of administration when such other methods are deemed more advantageous for the supplies to

13 be purchased;

14 (2) Post a notice of the proposed purchase in his or her office; and

15 (3) Solicit bids by mail or other reasonable method generally available to the public from

16 prospective suppliers. All bids for such supplies shall be mailed or delivered to the office of the

17 commissioner of administration so as to reach such office before the time set for opening bids.

18 3. The contract shall be let to the lowest and best bidder. The commissioner of

19 administration shall have the right to reject any or all bids and advertise for new bids, or purchase

20 the required supplies on the open market if they can be so purchased at a better price. When bids

21 received pursuant to this section are unreasonable or unacceptable as to terms and conditions,

22 noncompetitive, or the low bid exceeds available funds and it is determined in writing by the

23 commissioner of administration that time or other circumstances will not permit the delay

24 required to resolicit competitive bids, a contract may be negotiated pursuant to this section,

25 provided that each responsible bidder who submitted such bid under the original solicitation is

26 notified of the determination and is given a reasonable opportunity to modify their bid and

27 submit a best and final bid to the state. In cases where the bids received are noncompetitive or

28 the low bid exceeds available funds, the negotiated price shall be lower than the lowest rejected

29 bid of any responsible bidder under the original solicitation.

30 4. The director of the department of revenue shall follow bidding procedures as

31 contained in this chapter and may promulgate rules necessary to establish such procedures. No

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32 points shall be awarded on a request for proposal for a contract license office to a bidder for a

33 return-to-the-state provision offer.

34 5. All bids shall be based on standard specifications wherever such specifications have

35 been approved by the commissioner of administration. The commissioner of administration shall

36 make rules governing the delivery, inspection, storage and distribution of all supplies so

37 purchased and governing the manner in which all claims for supplies delivered shall be

38 submitted, examined, approved and paid. The commissioner shall determine the amount of bond

39 or deposit and the character thereof which shall accompany bids or contracts.

40 6. The department of natural resources may, without the approval of the commissioner

41 of administration required pursuant to this section, enter into contracts of up to five hundred

42 thousand dollars to abate illegal waste tire sites pursuant to section 260.276 when the director

43 of the department determines that urgent action is needed to protect public health, safety, natural

44 resources or the environment. The department shall follow bidding procedures pursuant to this

45 section and may promulgate rules necessary to establish such procedures. Any rule or portion

46 of a rule, as that term is defined in section 536.010, that is created under the authority delegated

47 in this section shall become effective only if it complies with and is subject to all of the

48 provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are

49 nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536

50 to review, to delay the effective date or to disapprove and annul a rule are subsequently held

51 unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after

52 August 28, 1999, shall be invalid and void.

53 7. The commissioner of administration and other agencies to which the state purchasing

54 law applies shall not contract for goods or services with a vendor if the vendor or an affiliate of

55 the vendor makes sales at retail of tangible personal property or for the purpose of storage, use,

56 or consumption in this state but fails to collect and properly pay the tax as provided in chapter

57 144. For the purposes of this section, "affiliate of the vendor" shall mean any person or entity

58 that is controlled by or is under common control with the vendor, whether through stock

59 ownership or otherwise.

60 8. The commissioner of administration may hold reverse auctions to procure

61 merchandise, supplies, raw materials, or finished goods if price is the primary factor in

62 evaluating bids, excluding items in section 34.047. The office of administration shall promulgate

63 rules regarding the handling of the reverse auction process.

64 9. Any rule or portion of a rule, as that term is defined in section 536.010, that is created

65 under the authority delegated in this section shall become effective only if it complies with and

66 is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section

67 and chapter 536 are nonseverable and if any of the powers vested with the general assembly

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68 pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule

69 are subsequently held unconstitutional, then the grant of rulemaking authority and any rule

70 proposed or adopted after August 28, 2019, shall be invalid and void.

34.042. 1. When the commissioner of administration determines that the use of

2 competitive bidding is either not practicable or not advantageous to the state, supplies may be

3 procured by competitive proposals. The commissioner shall state the reasons for such

4 determination, and a report containing those reasons shall be maintained with the vouchers or

5 files pertaining to such purchases. All purchases in excess of ten thousand dollars to be made

6 under this section shall be based on competitive proposals.

7 2. On any purchase where the estimated expenditure shall be one hundred thousand

8 dollars or over, the commissioner of administration shall:

9 (1) Advertise for proposals [in at least two daily newspapers of general circulation in

10 such places as are most likely to reach prospective offerors and may advertise in at least two

11 weekly minority newspapers and may provide such information through an electronic medium

12 available to the general public] on the front page of the office of administration's website at

13 least five days before proposals for such purchases are to be opened. Other methods of

14 advertisement, however, may be adopted by the commissioner of administration when such other

15 methods are deemed more advantageous for the supplies to be purchased;

16 (2) Post notice of the proposed purchase; and

17 (3) Solicit proposals by mail or other reasonable method generally available to the public

18 from prospective offerors.

19

20 All proposals for such supplies shall be mailed or delivered to the office of the commissioner of

21 administration so as to reach such office before the time set for opening proposals. Proposals

22 shall be opened in a manner to avoid disclosure of contents to competing offerors during the

23 process of negotiation.

24 3. The contract shall be let to the lowest and best offeror as determined by the evaluation

25 criteria established in the request for proposal and any subsequent negotiations conducted

26 pursuant to this subsection. In determining the lowest and best offeror, as provided in the request

27 for proposals and under rules promulgated by the commissioner of administration, negotiations

28 may be conducted with responsible offerors who submit proposals selected by the commissioner

29 of administration on the basis of reasonable criteria for the purpose of clarifying and assuring full

30 understanding of and responsiveness to the solicitation requirements. Those offerors shall be

31 accorded fair and equal treatment with respect to any opportunity for negotiation and subsequent

32 revision of proposals; however, a request for proposal may set forth the manner for determining

33 which offerors are eligible for negotiation, including but not limited to, the use of shortlisting.

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34 Revisions may be permitted after submission and before award for the purpose of obtaining best

35 and final offers. In conducting negotiations there shall be no disclosure of any information

36 derived from proposals submitted by competing offerors. The commissioner of administration

37 shall have the right to reject any or all proposals and advertise for new proposals or purchase the

38 required supplies on the open market if they can be so purchased at a better price.

39 4. The commissioner shall make available, upon request, to any members of the general

40 assembly, information pertaining to competitive proposals, including the names of bidders and

41 the amount of each bidder's offering for each contract.

34.044. 1. The commissioner of administration may waive the requirement of

2 competitive bids or proposals for supplies when the commissioner has determined in writing that

3 there is only a single feasible source for the supplies. Immediately upon discovering that other

4 feasible sources exist, the commissioner shall rescind the waiver and proceed to procure the

5 supplies through the competitive processes as described in this chapter. A single feasible source

6 exists when:

7 (1) Supplies are proprietary and only available from the manufacturer or a single

8 distributor; or

9 (2) Based on past procurement experience, it is determined that only one distributor

10 services the region in which the supplies are needed; or

11 (3) Supplies are available at a discount from a single distributor for a limited period of

12 time.

13 2. On any single feasible source purchase where the estimated expenditure shall be ten

14 thousand dollars or over, the commissioner of administration shall post notice of the proposed

15 purchase. Where the estimated expenditure is one hundred thousand dollars or over, the

16 commissioner of administration shall also advertise the commissioner's intent to make such

17 purchase [in at least two daily newspapers of general circulation in such places as are most likely

18 to reach prospective bidders or offerors and may provide such information through an electronic

19 medium available to the general public] on the front page of the office of administration's

20 website at least five days before the contract is to be let. Other methods of advertisement,

21 however, may be adopted by the commissioner of administration when such other methods are

22 deemed more advantageous for the supplies to be purchased. The requirement for advertising

23 may be waived, if not feasible, due to the supplies being available at a discount for only a limited

24 period of time.

49.265. The county commission in all counties of class two, by order entered of record,

2 may authorize all county offices, except the sheriff's office, to be open not more than five days

3 each week, and in all counties of classes three and four by order entered of record, may authorize

4 all county offices, except the sheriff's office, to be open not more than five and one-half days

HB 1966 12

5 each week. The county commission, after entering such an order, may require any office to be

6 open six days a week when public convenience requires. The authorization by the county

7 commission in counties of the third and fourth class to close such offices [must] shall be

8 published [three times in the county newspapers and such authorization to be signed by the

9 county commission] on the front page of the commission's website, if it has one. If the

10 commission does not have a website, notice of such authorization shall be sent to the

11 secretary of state who shall publish such notice on the legal notices website, established

12 pursuant to section 493.077.

49.535. 1. Any bonds shall have all of the qualities of negotiable instruments under the

2 law, and shall not be subject to taxation in any manner. In case any of the officers whose

3 signatures or countersignatures appear on the bonds or coupons shall cease to be such officers

4 before delivery of the bonds, the signatures or countersignatures shall nevertheless be valid and

5 sufficient, for all purposes, the same as if they had remained in office until the delivery.

6 2. The bonds shall be sold in the manner and upon such terms as the governing body of

7 the county deems for the best interest of the county, at public sale, to the highest and best bidder,

8 upon sealed bid, after publication of notice of the public sale [at least three times in a newspaper

9 of general circulation in the county, the last insertion of the notice to be] on the front page of

10 the governing body's website, if it has one, at least ten days before the last day for filing and

11 public opening of the sealed bids. If the governing body does not have a website, notice shall

12 be sent, at least ten days before the last day for filing and public opening of the sealed bids,

13 to the secretary of state who shall publish such notice on the legal notices website,

14 established pursuant to section 493.077.

15 3. The bonds, when issued, shall be payable from the revenue derived from the buildings

16 as provided in section 49.560. It shall be plainly stated on the face of each bond that the same

17 has been issued under the provisions of sections 49.520 to 49.580 and that it does not constitute

18 an indebtedness of the county, or the state of Missouri, within the meaning of any constitutional

19 provisions or limitations.

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 of the salary commission until the members of the commission elect

5 a chairman from their number. Upon written request of a majority of the salary commission

6 members the clerk or court administrator of the circuit court shall forthwith set the earliest date

7 possible for a meeting of the salary commission. The circuit clerk or court administrator shall

8 give notice of the time and place of any meeting of the salary commission. Such notice shall be

9 published [in a newspaper of general circulation in such county] on the front page of the circuit

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10 court's website, if it has a website, at least five days prior to such meeting. If the circuit court

11 does not have a website, notice shall be sent at least five days prior to the meeting to the

12 secretary of state who shall publish it on the legal notices website, established pursuant to

13 section 493.077, until the date of the meeting has passed. Such notice shall contain a general

14 description of the business to be discussed at such meeting.

15 3. The members of the salary commission shall be:

16 (1) The recorder of deeds if the recorder's office is separate from that of the circuit clerk;

17 (2) The county clerk;

18 (3) The prosecuting attorney;

19 (4) The sheriff;

20 (5) The county commissioners;

21 (6) The collector or treasurer ex officio collector;

22 (7) The treasurer or treasurer ex officio collector;

23 (8) The assessor;

24 (9) The auditor;

25 (10) The public administrator; and

26 (11) The coroner.

27 Members of the salary commission shall receive no additional compensation for their services

28 as members of the salary commission. A majority of members shall constitute a quorum.

29 4. Notwithstanding the provisions of sections 610.021 and 610.022, all meetings of a

30 county salary commission shall be open meetings and all votes taken at such meetings shall be

31 open records. Any vote taken at any meeting of the salary commission shall be taken by recorded

32 yeas and nays.

33 5. In every county, the salary commission shall meet at least once before November

34 thirtieth of each odd-numbered year and may meet in any even-numbered year. The salary

35 commission may meet as many times as it deems necessary and may meet after November

36 thirtieth and prior to December fifteenth of any odd-numbered year if the commission has met

37 at least once prior to November thirtieth of that year. At any meeting of the salary commission,

38 the members shall elect a chairman from their number. The county clerk shall present a report

39 on the financial condition of the county to the commission once the chairman is elected, and shall

40 keep the minutes of the meeting.

41 6. For purposes of this section, the 1988 base compensation is the compensation paid on

42 September 1, 1987, plus the same percentage increase paid or allowed, whichever is greater, to

43 the presiding commissioner or the sheriff, whichever is greater, of that county for the year

44 beginning January 1, 1988. Such increase shall be expressed as a percentage of the difference

45 between the maximum allowable compensation and the compensation paid on September 1,

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46 1987. At its meeting in 1987 and at any meeting held in 1988, the salary commission shall

47 determine the compensation to be paid to every county officer holding office on January 1, 1988.

48 The salary commission shall establish the compensation for each office at an amount not greater

49 than that set by law as the maximum compensation. If the salary commission votes to increase

50 compensation, but not to pay the maximum amount authorized by law for any officer or office,

51 then the increase in compensation shall be the same percentage increase for all officers and

52 offices and shall be expressed as a percentage of the difference between the maximum allowable

53 compensation and the compensation being received at the time of the vote. If two-thirds of the

54 members of the salary commission vote to decrease the compensation being received at the time

55 of the vote below that compensation, all officers shall receive the same percentage decrease. The

56 commission may vote not to increase or decrease the compensation and that compensation shall

57 continue to be the salary of such offices and officers during the subsequent term of office.

58 7. For the year 1989 and every second year thereafter, the salary commission shall meet

59 in every county as many times as it deems necessary on or prior to November thirtieth of any

60 such year for the purpose of determining the amount of compensation to be paid to county

61 officials. For each year in which the commission meets, the members shall elect a chairman

62 from their number. The county clerk shall present a report on the financial condition of the

63 county to the commission once the chairman is elected, and shall keep minutes of the meeting.

64 The salary commission shall then consider the compensation to be paid for the next term of

65 office for each county officer to be elected at their next general election. If the commission votes

66 not to increase or decrease the compensation, the salary being paid during the term in which the

67 vote was taken shall continue as the salary of such offices and officers during the subsequent

68 term of office. If the salary commission votes to increase the compensation, all officers or

69 offices whose compensation is being considered by the commission at that time shall receive the

70 same percentage of the maximum allowable compensation. However, for any county in which

71 all offices' and officers' salaries have been set at one hundred percent of the maximum allowable

72 compensation, the commission may vote to increase the compensation of all offices except that

73 of full-time prosecuting attorneys at that or any subsequent meeting of the salary commission

74 without regard to any law or maximum limitation established by law. Such increase shall be

75 expressed as a percentage of the compensation being paid during the term of office when the vote

76 is taken, and each officer or office whose compensation is being established by the salary

77 commission at that time shall receive the same percentage increase over the compensation being

78 paid for that office during the term when the vote is taken. This increase shall be in addition to

79 any increase mandated by an official's salary schedule because of changes in assessed valuation

80 during the current term. If the salary commission votes to decrease the compensation, a vote of

81 two-thirds or more of all the members of the salary commission shall be required before the

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82 salary or other compensation of any county office shall be decreased below the compensation

83 being paid for the particular office on the date the salary commission votes, and all officers and

84 offices shall receive the same percentage decrease.

85 8. The salary commission shall issue, not later than December fifteenth of any year in

86 which it meets, a report of compensation to be paid to each officer and the compensation so set

87 shall be paid beginning with the start of the subsequent term of office of each officer. The report

88 of compensation shall be certified to the clerk of the county commission for the county and shall

89 be in substantially the following form:

90 The salary commission for ______ County hereby certifies that it has met

91 pursuant to law to establish compensation for county officers to be paid to such

92 officers during the next term of office for the officers affected. The salary

93 commission reports that there shall be (no increase in compensation) (an increase

94 of ______ percent) (a decrease of ______ percent) (county officer's salaries set

95 at ______ percent of the maximum allowable compensation).

96 Salaries shall be adjusted each year on the official's year of incumbency for any change in the last

97 completed assessment that would affect the maximum allowable compensation for that office.

98 9. For the meeting in 1989 and every meeting thereafter, in the event a salary

99 commission in any county fails, neglects or refuses to meet as provided in this section, or in the

100 event a majority of the salary commission is unable to reach an agreement and so reports or fails

101 to certify a salary report to the clerk of the county commission by December fifteenth of any year

102 in which a report is required to be certified by this section, then the compensation being paid to

103 each affected office or officer on such date shall continue to be the compensation paid to the

104 affected office or officer during the succeeding term of office.

105 10. Other provisions of law notwithstanding, in every instance where an officer or

106 employee of any county is paid a mileage allowance or reimbursement, the county commission

107 shall allow or reimburse such officers or employees out of the county treasury at the highest rate

108 paid to any county officer for each mile actually and necessarily traveled in the performance of

109 their official duties. The county commission of any county may elect to pay a mileage allowance

110 for any county commissioner for travel going to and returning from the place of holding

111 commission meetings and for all other necessary travel on official county business in the

112 personal motor vehicle of the commissioner presenting the claim. The governing body of any

113 county of the first classification not having a charter form of government may provide by order

114 for the payment of mileage expenses of elected and appointed county officials by payment of a

115 certain amount monthly which would reflect the average monthly mileage expenses of such

116 officer based on the amount allowed pursuant to state law for the payment of mileage for state

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117 employees. Any order entered for such purpose shall not be construed as salary, wages or other

118 compensation for services rendered.

119 11. The term "maximum allowable compensation" as used in this section means the

120 highest compensation which may be paid to the specified officer or office in the particular county

121 based on the salary schedule established by law for the specified officer or office. If the salary

122 commission at its meeting in 1987 voted for one hundred percent of the maximum allowable

123 compensation and does not change such vote at its meeting held within thirty days after May 13,

124 1988, as provided in subsection 6 of this section, the one hundred percent shall be calculated on

125 the basis of the total allowable compensation permitted after May 13, 1988.

126 12. At the salary commission meeting which establishes the percentage rate to be applied

127 to county officers during the next term of office, the salary commission may authorize the further

128 adjustment of such officers' compensation as a cost-of-living component and effective January

129 first of each year, the compensation for county officers may be adjusted by the county

130 commission, and if the adjustment of compensation is authorized, the percentage increase shall

131 be the same for all county officers, not to exceed the percentage increase given to the other

132 county employees. The compensation for all county officers may be set as a group, although the

133 change in compensation will not become effective until the next term of office for each officer.

134 13. At the salary commission meeting in 1997 which establishes the salaries for those

135 officers to be elected at the general election in 1998, the salary commission of each noncharter

136 county may provide salary increases for associate county commissioners elected in 1996. This

137 one- time increase is necessitated by the change from two- to four-year terms for associate

138 commissioners pursuant to house bill 256, passed by the first regular session of the eighty-eighth

139 general assembly in 1995.

50.660. All contracts shall be executed in the name of the county, or in the name of a

2 township in a county with a township form of government, by the head of the department or

3 officer concerned, except contracts for the purchase of supplies, materials, equipment or services

4 other than personal made by the officer in charge of purchasing in any county or township having

5 the officer. No contract or order imposing any financial obligation on the county or township

6 is binding on the county or township unless it is in writing and unless there is a balance

7 otherwise unencumbered to the credit of the appropriation to which it is to be charged and a cash

8 balance otherwise unencumbered in the treasury to the credit of the fund from which payment

9 is to be made, each sufficient to meet the obligation incurred and unless the contract or order

10 bears the certification of the accounting officer so stating; except that in case of any contract for

11 public works or buildings to be paid for from bond funds or from taxes levied for the purpose

12 it is sufficient for the accounting officer to certify that the bonds or taxes have been authorized

13 by vote of the people and that there is a sufficient unencumbered amount of the bonds yet to be

HB 1966 17

14 sold or of the taxes levied and yet to be collected to meet the obligation in case there is not a

15 sufficient unencumbered cash balance in the treasury. All contracts and purchases shall be let

16 to the lowest and best bidder after due opportunity for competition, including advertising the

17 proposed letting [in a newspaper in the county or township with a circulation of at least five

18 hundred copies per issue, if there is one,] on the front page of the county or township's

19 website, if it has one, except that the advertising is not required in case of contracts or purchases

20 involving an expenditure of less than six thousand dollars. If the county or township does not

21 have a website, notice shall be sent to the secretary of state who shall publish such notice

22 on the legal notices website, established pursuant to section 493.077. It is not necessary to

23 obtain bids on any purchase in the amount of six thousand dollars or less made from any one

24 person, firm or corporation during any period of ninety days. All bids for any contract or

25 purchase may be rejected and new bids advertised for. Contracts which provide that the person

26 contracting with the county or township shall, during the term of the contract, furnish to the

27 county or township at the price therein specified the supplies, materials, equipment or services

28 other than personal therein described, in the quantities required, and from time to time as ordered

29 by the officer in charge of purchasing during the term of the contract, need not bear the

30 certification of the accounting officer, as herein provided; but all orders for supplies, materials,

31 equipment or services other than personal shall bear the certification. In case of such contract,

32 no financial obligation accrues against the county or township until the supplies, materials,

33 equipment or services other than personal are so ordered and the certificate furnished.

50.760. 1. It shall be the duty of the commissioners of the county commission in all

2 counties of the second class, and in all counties of the first class not having a charter form of

3 government, if there is no purchasing agent appointed pursuant to section 50.753, on or before

4 the first day of February of each year, to estimate the kind and quantity of supplies, including any

5 advertising or printing which the county may be required to do, required by law to be paid for

6 out of the county funds, which will be necessary for the use of the several officers of such county

7 for the following year, and to advertise for sealed bids and contract with the lowest and best

8 bidder for such supplies. Before letting any such contract or contracts the commission shall

9 cause notice that it will receive sealed bids for such supplies to be given by advertisement [in

10 some newspaper of general circulation published in the county, such notice to be published once

11 per week for three consecutive weeks, the last insertion of which shall not be less than ten days]

12 on the front page of the commission's website, if it has one , for a period of three

13 consecutive weeks before the date in said advertisement fixed for the letting of such contract or

14 contracts, which shall be let on the first Monday in March, or on such other day and date as the

15 commission may fix between the first Monday of March and the first Saturday after the second

16 Monday in March next following the publication of such notice; except that if by the nature or

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17 quantity of any article or thing needed for any county officer in any county of this state to which

18 sections 50.760 to 50.790 apply, the same may not be included in such contract at a saving to

19 such county, then such article or thing may be purchased for such officer upon an order of the

20 county commission first being made and entered as provided in sections 50.760 to 50.790; and

21 except further, that if any supplies not included in such contract are required by any such officer

22 or if the supplies included in such contract are exhausted then such article or thing may be

23 purchased for such officer upon order of the county commission first being made and entered of

24 record as provided in sections 50.760 to 50.790.

25 2. The county commission may authorize the purchase of supplies, not including for

26 contractual services, at any public auction held.

27 3. No contract for a purchase under this section shall arise until the commission has

28 approved a purchase order for the supplies for which the bids were advertised and submitted

29 under this section.

30 4. If the commission does not have a website, notice required to be provided under

31 subsection 1 of this section shall be sent to the secretary of state who shall publish such

32 notice on the legal notices website, established pursuant to section 493.077 for a period of

33 three consecutive weeks.

50.783. 1. The county commission may waive the requirement of competitive bids or

2 proposals for supplies when the commission has determined in writing and entered into the

3 commission minutes that there is only a single feasible source for the supplies. Immediately

4 upon discovering that other feasible sources exist, the commission shall rescind the waiver and

5 proceed to procure the supplies through the competitive processes as described in this chapter.

6 A single feasible source exists when:

7 (1) Supplies are proprietary and only available from the manufacturer or a single

8 distributor; or

9 (2) Based on past procurement experience, it is determined that only one distributor

10 services the region in which the supplies are needed; or

11 (3) Supplies are available at a discount from a single distributor for a limited period of

12 time.

13 2. On any single feasible source purchase where the estimated expenditure is over six

14 thousand dollars, the commission shall post notice of the proposed purchase and advertise the

15 commission's intent to make such purchase [in at least one daily and one weekly newspaper of

16 general circulation in such places as are most likely to reach prospective bidders or offerors and

17 may provide such information] through an electronic medium available to the general public at

18 least ten days before the contract is to be let.

HB 1966 19

19 3. Notwithstanding subsection 2 of this section to the contrary, on any single feasible

20 service purchase by any county of the first classification with more than one hundred fifty

21 thousand but fewer than two hundred thousand inhabitants or any county of the first

22 classification with more than two hundred sixty thousand but fewer than three hundred thousand

23 inhabitants where the estimated expenditure is over six thousand dollars, the commission shall

24 post notice of the proposed purchase and advertise the commission's intent to make such

25 purchase [in at least one daily and one weekly newspaper of general circulation in such places

26 as are most likely to reach prospective bidders or offerors and may provide such information]

27 through an electronic medium available to the general public at least ten days before the contract

28 is to be let.

50.800. 1. On or before the first Monday in March of each year, the county commission

2 of each county of the second, third, or fourth class shall prepare and publish [in some newspaper

3 as provided for in section 493.050, if there is one, and if not by notices posted in at least ten

4 places in the county,] on the front page of its website, if it has one, a detailed financial

5 statement of the county for the year ending December thirty-first, preceding. If the commission

6 does not have a website, the financial statement shall be sent by the first Monday in March

7 of each year to the secretary of state who shall publish such statement on the legal notices

8 website, established pursuant to section 493.077.

9 2. The statement shall show the bonded debt of the county, if any, kind of bonds, date

10 of maturity, interest rate, rate of taxation levied for interest and sinking fund and authority for

11 the levy, the total amount of interest and sinking fund that has been collected and interest and

12 sinking fund on hand in cash.

13 3. The statement shall also show separately the total amount of the county and township

14 school funds on hand and loaned out, the amount of penalties, fines, levies, utilities, forfeitures,

15 and any other taxes collected and disbursed or expended during the year and turned into the

16 permanent school fund, the name of each person who has a loan from the permanent school fund,

17 whether county or township, the amount of the loan, date loan was made and date of maturity,

18 description of the security for the loan, amount, if any, of delinquent interest on each loan.

19 4. The statement shall show the total valuation of the county for purposes of taxation,

20 the highest rate of taxation the constitution permits the county commission to levy for purposes

21 of county revenue, the rate levied by the county commission for the year covered by the

22 statement, division of the rate levied among the several funds and total amount of delinquent

23 taxes for all years as of December thirty-first.

24 5. The statement shall show receipts or revenues into each and every fund separately.

25 Each fund shall show the beginning balance of each fund; each source of revenue; the total

26 amount received from each source of revenue; the total amount available in each fund; the total

HB 1966 20

27 amount of disbursements or expenditures from each fund and the ending balance of each fund

28 as of December thirty-first. The total receipts or revenues for the year into all funds shall be

29 shown in the recapitulation. In counties with the township form of government, each township

30 shall be considered a fund pursuant to this subsection.

31 6. Total disbursements or expenditures shall be shown for warrants issued in each

32 category contained in the forms developed or approved by the state auditor pursuant to section

33 50.745. Total amount of warrants, person or vendor to whom issued and purpose for which

34 issued shall be shown except as herein provided. Under a separate heading in each fund the

35 statements shall show what warrants are outstanding and unpaid for the lack of funds on that date

36 with appropriate balance or overdraft in each fund as the case may be.

37 7. Warrants issued to pay for the service of election judges and clerks of elections shall

38 be in the following form:

39 Names of judges and clerks of elections at $______ per day (listing the names run

40 in and not listing each name by lines, and at the end of the list of names giving

41 the total of the amount of all the warrants issued for such election services).

42 8. Warrants issued to pay for the service of jurors shall be in the following form:

43 Names of jurors at $______ per day (listing the names run in and not listing each

44 name by lines, and at the end of the list of names giving the total of the amount

45 of all the warrants issued for such election service).

46 9. Warrants to Internal Revenue Service for Social Security and withholding taxes shall

47 be brought into one call.

48 10. Warrants to the director of revenue of Missouri for withholding taxes shall be

49 brought into one call.

50 11. Warrants to the division of employment security shall be brought into one call.

51 12. Warrants to Missouri local government employees' retirement system or other

52 retirement funds for each office shall be brought into one call.

53 13. Warrants for utilities such as gas, water, lights and power shall be brought into one

54 call except that the total shall be shown for each vendor.

55 14. Warrants issued to each telephone company shall be brought into one call for each

56 office in the following form:

57 (Name of Telephone Company for ______ office and total amount of warrants

58 issued).

59 15. Warrants issued to the postmaster for postage shall be brought into one call for each

60 office in the following form:

61 (Postmaster for ______ office and total amount of warrants issued).

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62 16. Disbursements or expenditures by road districts shall show the warrants, if warrants

63 have been issued in the same manner as provided for in subsection 5 of this section. If money

64 has been disbursed or expended by overseers the financial statement shall show the total paid by

65 the overseer to each person for the year, and the purpose of each payment. Receipts or revenues

66 into the county distributive school fund shall be listed in detail, disbursements or expenditures

67 shall be listed and the amount of each disbursement or expenditure. If any taxes have been

68 levied by virtue of Section 12(a) of Article X of the Constitution of Missouri the financial

69 statement shall contain the following:

70 By virtue and authority of the discretionary power conferred upon the county

71 commissions of the several counties of this state to levy a tax of not to exceed 35

72 cents on the $100 assessed valuation the county commission of ______ County

73 did for the year covered by this report levy a tax rate of ______ cents on the $100

74 assessed valuation which said tax amounted to $______ and was disbursed or

75 expended as follows:

76 The statement shall show how the money was disbursed or expended and if any part of the sum

77 has not been accounted for in detail under some previous appropriate heading the portion not

78 previously accounted for shall be shown in detail.

79 17. At the end of the statement the person designated by the county commission to

80 prepare the financial statement herein required shall append the following certificate:

81 I, ______, the duly authorized agent appointed by the county commission of

82 ______ County, state of Missouri, to prepare for publication the financial

83 statement as required by section 50.800, RSMo, hereby certify that I have

84 diligently checked the records of the county and that the above and foregoing is

85 a complete and correct statement of every item of information required in section

86 50.800, RSMo, for the year ending December 31, ______, and especially have

87 I checked every receipt from every source whatsoever and every disbursement or

88 expenditure of every kind and to whom and for what each such disbursement or

89 expenditure was made and that each receipt or revenue and disbursement or

90 expenditure is accurately shown. (If for any reason complete and accurate

91 information is not given the following shall be added to the certificate.)

92 Exceptions: The above report is incomplete because proper information was not

93 available in the following records ______ which are in the keeping of the

94 following officer or officers. The person designated to prepare the financial

95 statement shall give in detail any incomplete data called for by this section.

96 Date ______

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97 Officer designated by county commission to prepare financial statement required

98 by section 50.800, RSMo.

99 Or if no one has been designated said statement having been prepared by the county clerk,

100 signature shall be in the following form:

101 Clerk of the county commission and ex officio officer designated to prepare

102 financial statement required by section 50.800, RSMo.

103 18. Any person falsely certifying to any fact covered by the certificate is liable on his or

104 her bond and upon conviction of falsely certifying to any fact covered by the certificate is guilty

105 of a misdemeanor and punishable by a fine of not less than two hundred dollars or more than one

106 thousand dollars or by imprisonment in the county jail for not less than thirty days nor more than

107 six months or by both fine and imprisonment. Any person charged with the responsibility of

108 preparing the financial report who willfully or knowingly makes a false report of any record, is,

109 in addition to the penalty otherwise provided for in this law, deemed guilty of a felony and upon

110 conviction shall be sentenced to the penitentiary for not less than two years nor more than five

111 years.

50.815. 1. On or before the first Monday in March of each year, the county commission

2 of each county of the first class not having a charter form of government shall, with the

3 assistance of the county clerk, prepare and publish [in some newspaper of general circulation

4 published in the county] on the front page of its website, if it has one, a financial statement of

5 the county for the year ending the preceding December thirty-first. If the commission does not

6 have a website, the financial statement shall be sent by the first Monday in March of each

7 year to the secretary of state who shall publish such statement on the legal notices website,

8 established pursuant to section 493.077.

9 2. The financial statement shall show at least the following:

10 (1) A summary of the receipts of each fund of the county for the year;

11 (2) A summary of the disbursements and transfers of each fund of the county for the

12 year;

13 (3) A statement of the cash balance at the beginning and at the end of the year for each

14 fund of the county;

15 (4) A summary of delinquent taxes and other due bills for each fund of the county;

16 (5) A summary of warrants of each fund of the county outstanding at the end of the year;

17 (6) A statement of bonded indebtedness, if any, at the beginning and at the end of the

18 year for each fund of the county; and

19 (7) A statement of the tax levies of each fund of the county for the year.

20 3. The financial statement need not show specific disbursements, warrants issued, or the

21 names of specific payees, but every individual warrant, voucher, receipt, court order and all other

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22 items, records, documents and other information which are not specifically required to be

23 retained by the officer having initial charge thereof and which would be required to be included

24 in or to construct a financial statement in the form prescribed for other counties by section

25 50.800 shall be filed on or before the date of publication of the financial statement prescribed

26 by subsection 1 in the office of the county clerk, and the county clerk shall preserve the same,

27 and shall cause the same to be available for inspection during normal business hours on the

28 request of any person, for a period of five years following the date of filing in his or her office,

29 after which five-year period these records may be disposed of according to law unless they are

30 the subject of a legal suit pending at the expiration of that period.

31 4. At the end of the financial statement, each commissioner of the county commission

32 and the county clerk shall sign and append the following certificate:

33 We, ______, ______, and ______, duly elected commissioners of the county

34 commission of ______ County, Missouri, and I, ______ ______, county clerk of

35 that county, certify that the above and foregoing is a complete and correct

36 statement of every item of information required in section 50.815 for the year

37 ending December 31, [19] 20 _________, and we have checked every receipt

38 from every source and every disbursement of every kind and to whom and for

39 what each disbursement was made, and each receipt and disbursement is

40 accurately included in the above and foregoing totals. (If for any reason complete

41 and accurate information is not given the following shall be added to the

42 certificate.) Exceptions: the above report is incomplete because proper

43 information was not available in the following records ______ which are in the

44 keeping of the following officer or officers ______.

45 Date ______

46 ________________________________

47 ________________________________

48 ________________________________

49 Commissioners, County Commission

50 __________________

51 County Clerk

52 5. Any person falsely certifying to any fact covered by the certificate is liable on his or

53 her bond and is guilty of a misdemeanor and, on conviction thereof, shall be punished by a fine

54 of not less than two hundred dollars or more than one thousand dollars, or by confinement in the

55 county jail for a period of not less than thirty days nor more than six months, or by both such fine

56 and confinement. Any person charged with preparing the financial report who willfully or

57 knowingly makes a false report of any record is, in addition to the penalties otherwise provided

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58 for in this section, guilty of a felony, and upon conviction thereof shall be sentenced to

59 imprisonment by the division of corrections for a term of not less than two years nor more than

60 five years.

61 6. The provisions of sections 50.800 and 50.810 do not apply to counties of the first class

62 not having a charter form of government, except as provided in subsection 3 of this section.

56.363. 1. The county commission of any county may on its own motion and shall upon

2 the petition of ten percent of the total number of people who voted in the previous general

3 election in the county submit to the voters at a general or special election the proposition of

4 making the county prosecutor a full-time position. The commission shall cause notice of the

5 election to be published [in a newspaper published within the county, or if no newspaper is

6 published within the county, in a newspaper published in an adjoining county, for three weeks

7 consecutively, the last insertion of which shall be at least ten days and not more than thirty days

8 before the day of the election, and by posting printed notices thereof at three of the most public

9 places in each township in the county] on the front page of the website of the commission, if

10 it has a website, for a period of three consecutive weeks prior to the election. If the

11 commission does not have a website, the notice of the election shall be sent at least thirty

12 days prior to the election to the secretary of state who shall publish such notice on the legal

13 notices website, established pursuant to section 493.077, until the date of the election has

14 passed. The proposition shall be put before the voters substantially in the following form:

15 Shall the office of prosecuting attorney be made a full-time position in ______

16 County?

17 G YES G NO

18 If a majority of the voters voting on the proposition vote in favor of making the county

19 prosecutor a full-time position, it shall become effective upon the date that the prosecutor who

20 is elected at the next election subsequent to the passage of such proposal is sworn into office.

21 The position shall then qualify for the retirement benefits available to a full-time prosecutor of

22 a county of the first classification. Any county that elects to make the position of prosecuting

23 attorney full time shall pay into the Missouri prosecuting attorneys and circuit attorneys'

24 retirement fund at the same contribution amount as paid by counties of the first classification.

25 2. The provisions of subsection 1 of this section notwithstanding, in any county where

26 the proposition of making the county prosecutor a full-time position was submitted to the voters

27 at a general election in 1998 and where a majority of the voters voting on the proposition voted

28 in favor of making the county prosecutor a full-time position, the proposition shall become

29 effective on May 1, 1999. Any prosecuting attorney whose position becomes full time on May

30 1, 1999, under the provisions of this subsection shall have the additional duty of providing not

HB 1966 25

31 less than three hours of continuing education to peace officers in the county served by the

32 prosecuting attorney in each year of the term beginning January 1, 1999.

33 3. In counties that, prior to August 28, 2001, have elected pursuant to this section to

34 make the position of prosecuting attorney a full- time position, the county commission may at any

35 time elect to have that position also qualify for the retirement benefit available for a full-time

36 prosecutor of a county of the first classification. Such election shall be made by a majority vote

37 of the county commission and once made shall be irrevocable, unless the voters of the county

38 elect to change the position of prosecuting attorney back to a part-time position under subsection

39 4 of this section. When such an election is made, the results shall be transmitted to the Missouri

40 prosecuting attorneys and circuit attorneys' retirement system fund, and the election shall be

41 effective on the first day of January following such election. Such election shall also obligate

42 the county to pay into the Missouri prosecuting attorneys and circuit attorneys' system retirement

43 fund the same retirement contributions for full-time prosecutors as are paid by counties of the

44 first classification.

45 4. In any county of the third classification without a township form of government and

46 with more than twelve thousand but fewer than fourteen thousand inhabitants and with a city of

47 the fourth classification with more than one thousand seven hundred but fewer than one thousand

48 nine hundred inhabitants as the county seat that has elected to make the county prosecutor a

49 full-time position under this section after August 28, 2014, the county commission may on its

50 own motion and shall upon the petition of ten percent of the total number of people who voted

51 in the previous general election in the county submit to the voters at a general or special election

52 the proposition of changing the full-time prosecutor position to a part-time position. The

53 commission shall cause notice of the election to be published [in a newspaper published within

54 the county, or if no newspaper is published within the county, in a newspaper published in an

55 adjoining county, for three weeks consecutively, the last insertion of which shall be at least ten

56 days and not more than thirty days before the day of the election, and by posting printed notices

57 thereof at three of the most public places in each township in the county] on the front page of

58 the commission's website, if it has one, for a period of three consecutive weeks prior to the

59 election. If the commission does not have a website, the notice of the election shall be sent

60 at least thirty days prior to the election to the secretary of state who shall publish such

61 notice on the legal notices website, established pursuant to section 493.077, until the date

62 of the election has passed. The proposition shall be put before the voters substantially in the

63 following form:

64 Shall the office of prosecuting attorney be made a part-time position in ______

65 County?

66 G YES G NO

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67 If a majority of the voters vote in favor of making the county prosecutor a part-time position, it

68 shall become effective upon the date that the prosecutor who is elected at the next election

69 subsequent to the passage of such proposal is sworn into office.

70 5. In any county that has elected to make the full-time position of county prosecutor a

71 part-time position under subsection 4 of this section, the county's retirement contribution to the

72 retirement system and the retirement benefit earned by the member shall prospectively be that

73 of a part-time prosecutor as established in this chapter. Any retirement contribution made and

74 retirement benefit earned prior to the effective date of the voter-approved proposition under

75 subsection 4 of this section shall be maintained by the retirement system and used to calculate

76 the retirement benefit for such prior full-time position service. Under no circumstances shall a

77 member in a part-time prosecutor position earn full-time position retirement benefit service

78 accruals for time periods after the effective date of the proposition changing the county

79 prosecutor back to a part-time position.

60.010. 1. At the regular general election in the year 1948, and every four years

2 thereafter, the voters of each county of this state in counties of the second, third, and fourth

3 classification shall elect a registered land surveyor as county surveyor, who shall hold office for

4 four years and until a successor is duly elected, commissioned and qualified. The person elected

5 shall be commissioned by the governor.

6 2. No person shall be elected or appointed surveyor unless such person is a citizen of the

7 United States, over the age of twenty-one years, a registered land surveyor, and shall have resided

8 within the state one whole year. An elected surveyor shall have resided within the county for

9 which the person is elected six months immediately prior to election and shall after election

10 continue to reside within the county for which the person is surveyor. An appointed surveyor

11 need not reside within the county for which the person is surveyor.

12 3. Notwithstanding the provisions of subsection 1 of this section, or any other law to the

13 contrary, the county commission of any county of the third or fourth classification may appoint

14 a surveyor following the deadline for filing for the office of surveyor, if no qualified candidate

15 files for the office in the general election in which the office would have been on the ballot,

16 provided that the notice required by section 115.345 has been published [in at least one

17 newspaper of general circulation in the county]. The appointed surveyor shall serve at the

18 pleasure of the county commission, however, an appointed surveyor shall forfeit said office once

19 a qualified individual, who has been duly elected at a regularly scheduled general election where

20 the office of surveyor is on the ballot and who has been commissioned by the governor, takes

21 office. The county commission shall fix appropriate compensation, which need not be equal to

22 that of an elected surveyor.

HB 1966 27

64.040. The county planning commission shall have power to make, adopt and may

2 publish an official master plan of the county for the purpose of bringing about coordinated

3 physical development in accordance with present and future needs. The master plan shall be

4 developed so as to conserve the natural resources of the county, to insure efficient expenditure

5 of public funds, and to promote the health, safety, convenience, prosperity and general welfare

6 of the inhabitants. Such master plan may include, among other things, studies and

7 recommendations relative to the location, character and extent of highways, railroads, bus,

8 streetcar and other transportation routes, bridges, public buildings, schools, parks, parkways,

9 forests, wildlife refuges, dams, and projects affecting conservation of natural resources. The

10 county planning commission may adopt the master plan in whole or in part, and subsequently

11 amend or extend the adopted plan or any portion thereof. Before the adoption, amendment or

12 extension of the plan or portion thereof, the commission shall hold at least one public hearing

13 thereon, fifteen days' notice of the time and place of which shall be published [in at least one

14 newspaper having general circulation within the county, and notice of such hearing shall also be

15 posted] on the front page of the commission's website, if it has one, at least fifteen days in

16 advance thereof [in at least four conspicuous places in each township]. If the commission does

17 not have a website, notice shall be sent at least fifteen days in advance of the hearing to the

18 secretary of state who shall publish such notice on the legal notices website, established

19 pursuant to section 493.077, until the date of the hearing has passed. Such hearing may be

20 adjourned from time to time. The adoption of the plan shall be by resolution carried by not less

21 than a majority vote of the full membership of the county planning commission. After the

22 adoption of the master plan an attested copy shall be certified to the county clerk and a copy shall

23 be recorded in the office of the recorder of deeds.

64.140. The regulations imposed and the districts created under authority of sections

2 64.010 to 64.160 may be amended from time to time by the county commission by order after

3 the order establishing the same has gone into effect, but no such amendment shall be made

4 without a hearing before the county planning commission; or if there be no county planning

5 commission, such hearing shall be held by the county zoning commission. Such hearing shall

6 be held in any one place in the county designated by the planning or zoning commission

7 regardless of the location of the land affected by such amendment or amendments. Public notice

8 of such hearing shall be given by [at least one publication in one newspaper published in the

9 county] publication on the front page of the website of the entity holding the hearing at least

10 fifteen days before the date of the hearing. If the entity holding the hearing does not have a

11 website, notice shall be sent at least fifteen days in advance of the hearing to the secretary

12 of state who shall publish such notice on the legal notices website, established pursuant to

13 section 493.07