HOUSE BILL NO. 2100 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE AMATO.
4118H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 77.030 and 77.370, RSMo, and to enact in lieu thereof two new sections relating to terms of certain elected officials of cities of the third classification.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 77.030 and 77.370, RSMo, are repealed and two new sections 2 enacted in lieu thereof, to be known as sections 77.030 and 77.370, to read as follows: 77.030. 1. Unless it elects to be governed by subsection 2 of this section, the council 2 shall by ordinance divide the city into not less than four wards, and two [councilmen] council 3 members shall be elected from each of such wards by the qualified voters thereof at the first 4 election for [councilmen] council members in cities hereafter adopting the provisions of this 5 chapter; the one receiving the highest number of votes in each ward shall hold [his] office for 6 two years, and the one receiving the next highest number of votes shall hold [his] office for 7 one year; but thereafter each ward shall elect annually one [councilman] council member, 8 who shall hold [his] office for two years. 9 2. In lieu of electing [councilmen] council members as provided in subsection 1 of 10 this section, the council may elect to establish wards and elect [councilmen] council 11 members as provided in this subsection. If the council so elects, it shall, by ordinance, divide 12 the city into not less than four wards, and one [councilman] council member shall be elected 13 from each of such wards by the qualified voters thereof at the first election for [councilmen] 14 council members held in the city after it adopts the provisions of this subsection. At the first 15 election held under this subsection the [councilmen] council members elected from the odd- 16 numbered wards shall be elected for a term of one year and the [councilmen] council 17 members elected from the even-numbered wards shall be elected for a term of two years. At
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 2100 2
18 each annual election held thereafter, successors for [councilmen] council members whose 19 terms expire in such year shall be elected for a term of two years. 20 3. (1) Council members may serve four-year terms if the two-year terms provided 21 under subsection 1 or 2 of this section have been extended to four years by approval of a 22 majority of the voters voting on the proposal. 23 (2) The ballot of submission shall be in substantially the following form: 24 Shall the terms of council members which are currently set at two years 25 in ______ (city) be extended to four years for members elected after 26 August 28, 2013? 27 ☐ YES ☐ NO 28 (3) If a majority of the voters voting approve the proposal authorized in this 29 subsection, the members of council who would serve two years under subsections 1 and 2 of 30 this section shall be elected to four-year terms beginning with any election occurring after 31 approval of the ballot question. 32 4. (1) A city of the third classification may adopt term limits for the office of 33 council member as provided in this subsection as follows: 34 (a) The governing body of a city that desires to adopt term limits as provided in 35 this subsection shall, by order, ordinance, or resolution, vote on the question of adopting 36 such term limits. Upon the approval of the question by a majority of the total number of 37 city council members, the governing body shall submit the question to the registered 38 voters of the city for approval or rejection of the adoption of such term limits on the next 39 day available for an election in such city; or 40 (b) If the governing body of a city receives a petition, signed by at least ten 41 percent of the number of registered voters of the city voting in the last election for 42 mayor, calling for the city to adopt term limits as provided in this subsection, the 43 governing body shall submit the question to the registered voters of the city for approval 44 or rejection of the adoption of such term limits on the next day available for an election 45 in such city. 46 (2) If a majority of the registered voters of the city voting on a question 47 submitted under subdivision (1) of this subsection approve the adoption of term limits, 48 the office of council member shall be subject to the term limits described in subdivision 49 (3) of this subsection. If a majority of the registered voters of the city voting on the 50 question reject the adoption of term limits, no term limits as described in this subsection 51 shall apply. 52 (3) Term limits adopted under this subsection shall apply to the office of council 53 member as follows: HB 2100 3
54 (a) A council member subject to term limits shall be ineligible to hold the office 55 of council member after serving four terms of office as council member; and 56 (b) Such term limits shall apply to terms beginning on or after the date on which 57 such term limits are adopted by the voters. 77.370. 1. Except as hereinafter provided, the following officers shall be elected by 2 the voters of the city: mayor, police judge, attorney, assessor, collector, treasurer and, except 3 in cities which adopt the merit system police department, a marshal. 4 2. Notwithstanding the provisions of subsection 1 of this section, in cities which 5 contract with another entity for police service, the city council may eliminate the office of 6 marshal. 7 3. The attorney shall be a person licensed to practice law in Missouri, and the council, 8 by ordinance, may provide for the appointment of an attorney, by the mayor with the approval 9 of the council, in lieu of electing an attorney. If so appointed [he] such attorney shall serve 10 at the pleasure of the mayor and council. 11 4. Whenever a city contracts for the assessment of property or the collection of taxes 12 with either a public or private entity as authorized by section 70.220, the city council may by 13 ordinance provide that at the expiration of the term of the then city assessor or collector, as 14 the case may be, the office is abolished and thereafter no election shall be had to fill the 15 office; except that in the event the contract expires and, for any reason, is not renewed, the 16 council may by ordinance provide for the election of such officer at the next and succeeding 17 regular elections for municipal officers. 18 5. The term of office for each of the officers is two years except the office of mayor 19 and the marshal which are four-year terms. All officers hold office until their successors are 20 duly elected or appointed and qualified. 21 6. The council, by ordinance, may provide that any officer of the city except the 22 mayor and the councilmen shall be appointed instead of elected. Such ordinance shall set the 23 manner of appointment, in accordance with section 77.330, and the term of office for each 24 appointive officer, which term shall not exceed four years. 25 7. (1) A city of the third classification may adopt term limits for the office of 26 mayor as provided in this subsection as follows: 27 (a) The governing body of a city that desires to adopt term limits as provided in 28 this subsection shall, by order, ordinance, or resolution, vote on the question of adopting 29 such term limits. Upon the approval of the question by a majority of the total number of 30 city council members, the governing body shall submit the question to the registered 31 voters of the city for approval or rejection of the adoption of such term limits on the next 32 day available for an election in such city; or HB 2100 4
33 (b) If the governing body of a city receives a petition, signed by at least ten 34 percent of the number of registered voters of the city voting in the last election for 35 mayor, calling for the city to adopt term limits as provided in this subsection, the 36 governing body shall submit the question to the registered voters of the city for approval 37 or rejection of the adoption of such term limits on the next day available for an election 38 in such city. 39 (2) If a majority of the registered voters of the city voting on a question 40 submitted under subdivision (1) of this subsection approve the adoption of term limits, 41 the office of mayor shall be subject to the term limits described in subdivision (3) of this 42 subsection. If a majority of the registered voters of the city voting on the question reject 43 the adoption of term limits, no term limits as described in this subsection shall apply. 44 (3) Term limits adopted under this subsection shall apply to the office of mayor 45 as follows: 46 (a) A mayor subject to term limits shall be ineligible to hold the office of mayor 47 after serving two terms of office as mayor; and 48 (b) Such term limits shall apply to terms beginning on or after the date on which 49 such term limits are adopted by the voters. ✔
Statutes affected: