HB 685 Modifies provisions relating to the duties and qualifications of certain public officers

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Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 685 - This modifies various provisions relating to certain public officers.

ATTORNEY GENERAL RESIDENCY

(Section 27.010)

Under current law, the Attorney General is required to reside at the seat of government in Jefferson City. This act repeals that requirement.

This provision is identical to provisions in the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 53 & 60 (2021), HCS/SS/SCS/SB 27 (2021), SS/SCS/HCS/HB 59 (2021), HCS/HB 339 (2021), HCS/HB 1787 (2020), HCS/SB 587 (2020), HB 769 (2019), HCS/HBs 1347 & 2144 (2018), HB 797 (2017), and SB 396 (2017), and similar to a provision in HCS/HB 553 (2021).

COUNTY TREASURERS

(Section 50.166)

Under current law, a county clerk may transmit in the form of a warrant the amount due for a grant, salary, pay, and expenses to the county treasurer.

This act provides that, upon request, the county treasurer shall have access to any financially relevant document in the possession of any county official for the purposes of processing a warrant. If the warrant is received in the absence of a check, then the county treasurer shall have access to the information necessary to process the warrant.

Additionally, no official of any county shall refuse a request from the county treasurer for access to or a copy of any document in the possession of a county office that is financially relevant to the salaries of county officers and assistants; however, a county official may redact, remove, or delete any personal identifying information before submission to the county treasurer. Finally, no county treasurer shall refuse to release funds for the payment of any properly approved expenditure.

These provisions are identical to provisions in the truly agreed to and finally passed CCS/SS#2/SCS/HCS/HB 271 (2021) and substantially similar to provisions in HCS/SS/SCS/SB 27 (2021) and SCS/SB 576 (2020).

COUNTY BUDGET OFFICERS

(Section 50.530)

This amendment repeals a provision that in Cass County the presiding commissioner shall be the budget officer unless the county commission designates the county clerk as the budget officer.

This provision is identical to provisions in the truly agreed to and finally passed CCS/SS#2/SCS/HCS/HB 271 (2021) and HCS/SS/SCS/SB 27 (2021).

AGE REQUIREMENT FOR LOCAL OFFICES

(Sections 51.050, 55.060, 58.030, 60.010, 77.230, 79.080, 162.291, 190.050, 204.610, 247.060, 249.140, 321.130, and 483.010)

Current law requires a person to be over the age of 21, 24, or 25, depending on the office, in order to be qualified for various local offices. This act changes each of those requirements to 21 years of age or older.

These provisions are identical to provisions in HCS/SS/SCS/SB 27 (2021) and HCS/HB 1787 (2020).

BOND REQUIREMENTS FOR COUNTY RECORDERS OF DEEDS

(Sections 59.021 and 59.100)

The act provides that each candidate for county recorder shall provide to the election authority a copy of an affidavit from a surety company authorized to do business in this state that indicates the candidate is able to satisfy the bond requirements of the office.

Additionally, under current law, all recorders of deeds elected in first, second, and third classification counties shall enter into bond with the state for an amount set by the county commission of not be less than one thousand dollars, with sufficient sureties. Under this act, these provisions shall only apply to recorders of deeds elected prior to January 1, 2022. For all recorders of deeds elected after December 31, 2021, in first, second, and third classification, counties shall enter into bond with the state for an amount set by the county commission of not be less than five thousand dollars, with sufficient sureties.

These provisions are identical to provisions in the truly agreed to and finally passed CCS/SS#2/SCS/HCS/HB 271 (2021), HCS/SS/SCS/SB 27 (2021), and SCS/SB 62 (2021) and substantially similar to HCS/HB 509 (2021), SB 987 (2020), the truly agreed to and finally passed SS#2/SCS/HCS/HB 1854 (2020), which was vetoed by the Governor, and SB 468 (2019).

TAX PAYMENTS

(Section 105.035)

The act stipulates that no person shall be appointed to an elected public office who is delinquent in the payment of any state income tax, personal property tax, municipal tax, or real property tax.

This provision is identical to a provision in HCS/SS/SCS/SB 27 (2021) and HCS/HB 1787 (2020).

DISSOLUTION OF CANDIDATE COMMITTEES

(Section 105.465)

Under current law, any person who registers as a lobbyist is required to dissolve his or her candidate committee. This act creates an exemption from this requirement for any person holding an elective municipal office or school district office and any person who is a candidate for an elective municipal office or school district office.

This provision is identical to SB 602 (2021).

ONLINE APPLICATIONS OF THE COUNTY RECORDER OF DEEDS

(Section 451.040)

This act provides that applicants for a marriage license may present an application for the license to the recorder of deeds in person or electronically through an online process.

Additionally, in the event a recorder of deeds utilizes an online process to accept applications for a marriage license or to issue a marriage license and the applicants' identity has not been verified in person, the recorder shall have a two-step identity verification process or other process that verifies the identity of the applicants. Finally, the recorder shall not accept applications for or issue marriage licenses through an online process unless both applicants are at least 18 years of age and at least one of the applicants is a resident of the county in which the application was submitted.

These provisions are identical to provisions in the truly agreed to and finally passed CCS/SS#2/SCS/HCS/HB 271 (2021), HCS/SS/SCS/SB 27 (2021), HCS#2/SCS/SB 91 (2021), substantially similar to SCS/SB 62 (2021) and HB 144 (2021), and similar to HB 969 (2021).

SCOTT SVAGERA


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