Bill Summary – FastDemocracy

SECOND REGULAR SESSION
                        HOUSE BILL NO. 2052
                               103RD GENERAL ASSEMBLY


                                INTRODUCED BY REPRESENTATIVE TERRY.

     4119H.01I                                                                    JOSEPH ENGLER, Chief Clerk


                                                AN ACT
     To repeal sections 79.020, 79.050, 79.060, 79.070, 79.090, 79.100, 79.110, 79.120, 79.135,
            79.140, 79.150, 79.160, 79.165, 79.180, 79.210, 79.230, 79.240, 79.260, 79.270,
            79.280, 79.300, 79.310, 79.320, 79.330, 79.340, 79.350, 79.360, 79.365, 79.370,
            79.380, 79.390, 79.400, 79.410, 79.430, 79.440, 79.450, 79.460, 79.470, and 79.552,
            RSMo, and section 79.130 as enacted by senate bill no. 672, ninety-seventh general
            assembly, second regular session, and section 79.130 as enacted by house bill no.
            1435, eighty-fourth general assembly, second regular session, and to enact in lieu
            thereof forty new sections relating to cities of the fourth classification.


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

             Section A. Sections 79.020, 79.050, 79.060, 79.070, 79.090, 79.100, 79.110, 79.120,
 79.135, 79.140, 79.150, 79.160, 79.165, 79.180, 79.210, 79.230, 79.240, 79.260, 79.270,
 79.280, 79.300, 79.310, 79.320, 79.330, 79.340, 79.350, 79.360, 79.365, 79.370, 79.380,
 79.390, 79.400, 79.410, 79.430, 79.440, 79.450, 79.460, 79.470, and 79.552, RSMo, and
 section 79.130 as enacted by senate bill no. 672, ninety-seventh general assembly, second
 regular session, and section 79.130 as enacted by house bill no. 1435, eighty-fourth general
 assembly, second regular session, are repealed and forty new sections enacted in lieu thereof,
 to be known as sections 79.020, 79.050, 79.060, 79.070, 79.085, 79.090, 79.100, 79.110,
 79.120, 79.130, 79.140, 79.150, 79.160, 79.165, 79.180, 79.210, 79.230, 79.240, 79.260,
 79.270, 79.280, 79.300, 79.310, 79.320, 79.330, 79.340, 79.350, 79.360, 79.365, 79.370,
 79.380, 79.390, 79.400, 79.410, 79.430, 79.440, 79.450, 79.460, 79.470, and 79.552, to read
 as follows:


     EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
     intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
HB 2052                                             2

             79.020. The mayor and board of [aldermen] alders of such city, whether the same
 shall have been incorporated before becoming a city of the fourth class or not, with the
 consent of a majority of the voters of such city voting on the question, shall have power to
 extend the limits of the city over territory adjacent thereto, and to diminish the limits of the
 city by excluding territory therefrom, and shall, in every case, have power, with the consent of
 the voters as aforesaid, to extend or diminish the city limits in such manner as in their
 judgment and discretion may redound to the benefit of the city.
             79.050. 1. The following officers shall be elected by the qualified voters of the city,
 and shall hold office for the term of two years, except as otherwise provided in this section,
 and until their successors are elected and qualified, to wit: mayor and board of [aldermen]
 alders. No person shall hold office as either mayor or an alder for more than eight
 years. The board of [aldermen] alders may provide by ordinance, after the approval of a
 majority of the voters voting at an election at which the issue is submitted, for the
 appointment of a collector and for the appointment of a chief of police, who shall perform all
 duties required of the marshal by law, and any other police officers found by the board of
 [aldermen] alders to be necessary for the good government of the city. The marshal or chief
 of police shall be twenty-one years of age or older. If the board of [aldermen] alders does not
 provide for the appointment of a chief of police and collector as provided by this section, a
 city marshal, who shall be twenty-one years of age or older, and collector shall be elected, and
 the board of [aldermen] alders may provide by ordinance that the same person may be elected
 marshal and collector, at the same election, and hold both offices and the board of [aldermen]
 alders may provide by ordinance for the election of city assessor, city attorney, city clerk and
 street commissioner, who shall hold their respective offices for a term of two years and until
 their successors shall be elected or appointed and qualified, except that the term of the city
 marshal shall be four years.
         2. The board of [aldermen] alders may provide by ordinance, after the approval of a
 majority of the voters voting thereon at the next municipal election at which the issue is
 submitted, that the term of the collector shall be four years and the term of the mayor shall be
 two, three, or four years. Any person elected as collector after the passage of such an
 ordinance shall serve for a term of four years and until [his] a successor is elected and
 qualified. Any person elected as mayor after the passage of such ordinance shall serve for a
 term of two, three, or four years, as provided, and until [his] a successor is elected and
 qualified.
         3. The board of [aldermen] alders may provide by ordinance that the term of the
 board of [aldermen] alders shall be four years. Such ordinance shall be submitted by the
 board to the voters of the city and shall take effect only upon the approval of a majority of the
 voters voting at an election at which the issue is submitted. Any person elected to the board
HB 2052                                             3

of [aldermen] alders after the passage of such an ordinance shall serve for a term of four
years and until [his] a successor is elected and qualified.
           79.060. 1. The board of [aldermen] alders shall, by ordinance, divide the city into
not less than two wards, and two [aldermen] alders shall be elected from each ward by the
qualified voters thereof, at the first election for [aldermen] alders in cities adopting the
provisions of this chapter. At such election for [aldermen] alders, the person receiving the
highest number of votes in each ward shall hold [his] office for two years, and the person
receiving the next highest number of votes shall hold [his] office for one year; but thereafter
each ward shall elect annually one [alderman] alder, who shall hold [his] office for two years.
       2. Notwithstanding the provisions of subsection 1 of this section, cities with a
population of one thousand or less in the most recent census may, by ordinance, choose to
elect [aldermen] alders at large instead of by the method outlined in subsection 1 of this
section. Under this option, the seats of [aldermen] alders shall be filled at large as soon as the
current terms expire. Each year thereafter, one-half of the board of [aldermen] alders shall
stand for election at large for a two-year term.
           79.070. No person shall be an [alderman] alder unless he or she is at least eighteen
years of age, a citizen of the United States, and an inhabitant and resident of the city for one
year next preceding his or her election, and a resident, at the time he or she files and during
the time he or she serves, of the ward from which he or she is elected.
           79.085. Notwithstanding any other provision of law to the contrary, the offices of
mayor and alder in a city of the fourth classification shall be uncompensated, except for
a monthly stipend, and shall not be eligible for employment benefits. As used in this
section, "employment benefits" has the same definition as in section 290.528.
           79.090. The board shall elect one of their own number who shall be styled "acting
president of the board of [aldermen] alders" and who shall serve for a term of one year.
           79.100. When any vacancy shall happen in the office of mayor by death, resignation,
removal from the city, removal from office, refusal to qualify, or from any other cause
whatever, the acting president of the board of [aldermen] alders shall, for the time being,
perform the duties of mayor, with all the rights, privileges, powers and jurisdiction of the
mayor, until such vacancy be filled or such disability be removed; or, in case of temporary
absence, until the mayor's return.
           79.110. The mayor and board of [aldermen] alders of each city governed by this
chapter shall have the care, management and control of the city and its finances, and shall
have power to enact and ordain any and all ordinances not repugnant to the constitution and
laws of this state, and such as they shall deem expedient for the good government of the city,
the preservation of peace and good order, the benefit of trade and commerce and the health of
HB 2052                                              4

the inhabitants thereof, and such other ordinances, rules and regulations as may be deemed
necessary to carry such powers into effect, and to alter, modify or repeal the same.
           79.120. 1. The mayor shall have a seat in and preside over the board of [aldermen]
alders, but shall not vote on any question except a question relating to the adoption of the
city's budget and then only in case of a tie[, nor shall he preside or vote in cases when he is
an interested party. He].
       2. The mayor shall exercise [a] general supervision over all the officers and affairs of
the city[,] and shall take care that the ordinances of the city, and the state laws relating to such
city, are complied with.
                     [79.130. 1. The style of the ordinances of the city shall be: "Be it
        ordained by the board of aldermen of the city of ______, as follows:" No
        ordinance shall be passed except by bill, and no bill shall become an ordinance
        unless on its final passage a majority of the members elected to the board of
        aldermen shall vote for it, and the ayes and nays be entered on the journal.
        Every proposed ordinance shall be introduced to the board of aldermen in
        writing and shall be read by title or in full two times prior to passage, both
        readings may occur at a single meeting of the board of aldermen . If the
        proposed ordinance is read by title only, copies of the proposed ordinance shall
        be made available for public inspection prior to the time the bill is under
        consideration by the board of aldermen . No bill shall become an ordinance
        until it shall have been signed by the mayor or person exercising the duties of
        the mayor's office, or shall have been passed over the mayor's veto, as herein
        provided.
                 2. The provisions of this section shall not apply to ordinances
        proposed or passed under section 79.135.]
             79.130. The style of the ordinances of the city shall be: "Be it ordained by the board
 of [aldermen] alders of the city of ______, as follows:". No ordinance shall be passed except
 by bill, and no bill shall become an ordinance unless on its final passage a majority of the
 members elected to the board of [aldermen] alders shall vote for it, and the ayes and nays be
 entered on the journal. Every proposed ordinance shall be introduced to the board of
 [aldermen] alders in writing and shall be read by title or in full two times prior to passage,
 both readings may occur at a single meeting of the board of [aldermen] alders. If the
 proposed ordinance is read by title only, copies of the proposed ordinance shall be made
 available for public inspection prior to the time the bill is under consideration by the board of
 [aldermen] alders. No bill shall become an ordinance until it shall have been signed by the
 mayor or person exercising the duties of the mayor's office, or shall have been passed over the
 mayor's veto, as herein provided.
             79.140. Every bill duly passed by the board of [aldermen] alders and presented to the
 mayor and [by him] approved by the mayor shall become an ordinance, and every bill
 presented as aforesaid, but returned with the mayor's objections thereto, shall stand
HB 2052                                               5

 reconsidered. The board of [aldermen] alders shall cause the objections of the mayor to be
 entered at large upon the journal, and proceed at its convenience to consider the question
 pending, which shall be in this form: "Shall the bill pass, the objections of the mayor thereto
 notwithstanding?". The vote on this question shall be taken by ayes and nays and the names
 entered upon the journal, and if two-thirds of all the members-elect shall vote in the
 affirmative, the city clerk shall certify the fact on the roll, and the bill thus certified shall be
 deposited with the proper officer, and shall become an ordinance in the same manner and with
 like effect as if it had received the approval of the mayor. The mayor shall have power to sign
 or veto any ordinance passed by the board of [aldermen] alders; provided, that should [he]
 the mayor neglect or refuse to sign any ordinance and return the same with [his] objections,
 in writing, at the next regular meeting of the board of [aldermen] alders, the same shall
 become a law without [his] the mayor's signature.
             79.150. The board of [aldermen] alders shall cause to be kept a journal of its
 proceedings, and the ayes and nays shall be entered on any question at the request of any two
 members. The board of [aldermen] alders may prescribe and enforce such rules as it may
 find necessary for the expeditious transaction of its business.
             79.160. The board of [aldermen] alders shall semiannually each year, at times to be
 set by the board of [aldermen] alders, make out and spread upon their records a full and
 detailed account and statement of the receipts and expenditures and indebtedness of the city
 for the half year ending with the last day of the month immediately preceding the date of such
 report, which account and statement shall be published in some newspaper in the city.
             79.165. In the event the financial statement of any fourth class city is not published as
 required by section 79.160, the treasurer of such city shall not pay out any money of the city
 on any warrant or order of the board of [aldermen] alders after the end of the month in which
 such financial statement should have been published until such time as such financial
 statement is published. Any treasurer violating the provisions of this section shall be deemed
 guilty of a class A misdemeanor.
             79.180. The board of [aldermen] alders shall have power to compel the attendance of
 witnesses and the production of papers and records relating to any subject under consideration
 in which the interest of the city is involved, and shall have power to call on the proper officers
 of the city, or of the county in which such city is located, to execute such process. The officer
 making such service shall be allowed to receive therefor such fees as are allowed by law in
 the circuit court for similar services, to be paid by the city. The mayor or acting president of
 the board of [aldermen] alders shall have power to administer oaths to witnesses.
             79.210. The mayor shall, from time to time, communicate to the board of [aldermen]
 alders such measures as may, in [his] the mayor's opinion, tend to the improvement of the
 finances, the police, health, security, ornament, comfort and general prosperity of the city.
HB 2052                                              6

              79.230. The mayor, with the consent and approval of the majority of the members of
 the board of [aldermen] alders, shall have power to appoint a treasurer, city attorney, city
 assessor, street commissioner, [and night watchman] security guard, and such other officers
 as [he] the mayor may be authorized by ordinance to appoint[, and]. If deemed for the best
 interests of the city, the mayor and board of [aldermen] alders may, by ordinance, employ
 special counsel to represent the city, either in a case of a vacancy in the office of city attorney
 or to assist the city attorney, and pay reasonable compensation therefor[, and]. The person
 elected marshal may be appointed to and hold the office of street commissioner. The mayor
 shall not appoint any person who, directly or through an entity, contributed to the
 mayor's campaign for the current term of office. An alder shall not vote to approve any
 person who, directly or through an entity, contributed to the alder's campaign for the
 current term of office.
              79.240. 1. The mayor may, with the consent of a majority of all the members elected
 to the board of [aldermen] alders, remove from office, for cause shown, any elective officer
 of the city, such officer being first given opportunity, together with [his] witnesses, to be
 heard before the board of [aldermen] alders sitting as a board of impeachment. Any elective
 officer, including the mayor, may in like manner, for cause shown, be removed from office by
 a two-thirds vote of all members elected to the board of [aldermen] alders, independently of
 the mayor's approval or recommendation. The mayor may, with the consent of a majority of
 all the members elected to the board of [aldermen] alders, remove from office any appointive
 officer of the city at will, and any such appointive officer may be so removed by a two-thirds
 vote of all the members elected to the board of [aldermen] alders, independently of the
 mayor's approval or recommendation. The board of [aldermen] alders may pass ordinances
 regulating the manner of impeachments and removals.
          2. Nothing in this section shall be construed to authorize the mayor, with the consent
 of the majority of all the members elected to the board of [aldermen] alders, or the board of
 [aldermen] alders by a two-thirds vote of all its members, to remove or discharge any chief,
 as that term is defined in section 106.273.
              79.260. Every officer of the city and his or her assistants, and every [alderman]
 alder, before entering upon the duties of his or her office, shall take and subscribe to an oath
 or affirmation before some court of record in the county, or the city clerk, that he or she
 possesses all the qualifications prescribed for his or her office by law; that he or she will
 support the Constitution of the United States and of the state of Missouri, the provisions of all
 laws of this state affecting cities of this class, and the ordinances of the city, and faithfully
 demean himself or herself while in office; which official oath or affirmation shall be filed
 with the city clerk. Every officer of the corporation, when required by law or ordinance,
 shall, within fifteen days after his or her appointment or election, and before entering upon
HB 2052                                             7

 the discharge of the duties of his or her office, give bond to the city in suc