HB 1362-1_ Filed 02/28/2006, 09:22 Delph

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1362 be amended to read as follows:

SOURCE: Page 7, line 25; (06)MO136209.7. -->     Page 7, delete lines 25 through 32, begin a new line double block indented and insert:
            " (A) the date that a copy of a joint certification from the county election board in each county in which reorganizing political subdivisions are located that indicates that:
                (i) the reorganization has been approved by the voters of each reorganizing political subdivision; or
                (ii) in the case of a reorganization described in section 1(a)(10) of this chapter, the reorganization has been approved as set forth in section 32(b) of this chapter;
            is recorded as required by section 31 of this chapter; or
".
    Page 16, delete lines 5 through 18, begin a new paragraph and insert:
    " (b) In the case of a public question on a reorganization described in section 1(a)(10) of this chapter:
        (1) the public question on a plan of reorganization shall be placed on the ballot for consideration by the voters of the entire county;
        (2) the vote on the public question by the voters of the entire county shall be tabulated;
        (3) the vote on the public question by the voters of:
            (A) each reorganizing municipality; and
            (B) the county (excluding the voters of the reorganizing municipalities);
        shall be tabulated separately;
        (4) the circuit court clerk shall issue, in a form prescribed by the state election board, separate certificates regarding whether the public question is approved or rejected by the voters of:
            (A) the entire county;     
            (B) each reorganizing municipality; and
            (C) the county (excluding the voters of the reorganizing municipalities);
        voting on the public question; and
        (5) the reorganization is approved only if all of the following occur:
            (A) A majority of the voters of the entire county voting on the public question vote in favor of the reorganization.
            (B) Less than sixty-five percent (65%) of the voters of each reorganizing municipality vote against the reorganization.
            (C) Less than sixty-five percent (65%) of the voters of the county (excluding the voters of the reorganizing municipalities) vote against the reorganization.
".
    Page 16, delete lines 34 through 37, begin a new paragraph and insert:
    " (b) This subsection applies only to a reorganization described in section 1(a)(10) of this chapter. The reorganization is approved only if:
        (1) a majority of the voters of the entire county approve the public question on the reorganization;
        (2) less than sixty-five percent (65%) of the voters of each reorganizing municipality disapprove the public question on the reorganization; and
        (3) less than sixty-five percent (65%) of the voters of the county (excluding the voters of the reorganizing municipalities) disapprove the public question on the reorganization.

In tabulating the votes under subdivisions (2) and (3), the vote of voters of a reorganizing municipality who also are voters in the county shall be included only in the tally of votes for the municipality in which the voters reside.".
    Page 17, delete lines 6 through 11, begin a new paragraph and insert:
    " Sec. 34. (a) This section applies if:
        (1) the majority of the voters of each of the reorganizing political subdivisions approve the public question concerning the reorganization; or

        (2) in the case of a reorganization described in section 1(a)(1) of this chapter, the reorganization is approved as set forth in section 32(b) of this chapter.
".
    (Reference is to EHB 1362 as printed February 24, 2006.)

________________________________________

Senator DELPH


MO136209/DI 87
2006