HB 1362-2_ Filed 02/28/2006, 09:24 Long
Adopted 2/28/2006

SENATE MOTION


MADAM PRESIDENT:

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

SOURCE: Page 10, line 13; (06)MO136211.10. -->     Page 10, between lines 13 and 14, begin a new line block indented and insert:
        " (1) Adopt a resolution declining to participate in the proposed reorganization.".
    Page 10, line 14, delete "(1)" and insert " (2)".
    Page 10, line 16, delete "(2)" and insert " (3)".
    Page 14, between lines 25 and 26, begin a new paragraph and insert:
    " Sec. 23.5. The following apply if the legislative bodies of all political subdivisions that have been presented with a plan of reorganization under section 18(c) of this chapter have not adopted a plan of reorganization, either as presented by the reorganization committee or as modified by all of the political subdivisions, within one (1) year after the plan of reorganization is presented:
        (1) Not later than one (1) month after the end of the one (1) year period in which the legislative bodies must adopt a plan of reorganization, the reorganization committee shall submit a final plan of reorganization to the legislative bodies of the political subdivisions.
        (2) Not later than one (1) month after receiving the final plan of reorganization under subdivision (1), each of the legislative bodies must:
            (A) hold a hearing on the final plan of reorganization; and
            (B) adopt either a resolution approving the final plan of reorganization or a resolution rejecting the final plan of reorganization.
        If a legislative body does not adopt a resolution under this subdivision within the one (1) month period, the failure to adopt a resolution is considered to be an approval of the final plan of reorganization.
        (3) If all of the legislative bodies adopt a resolution approving

the final plan of reorganization, the legislative bodies shall certify their approval under section 23 of this chapter.
        (4) If any of the legislative bodies adopts a resolution rejecting the final plan of reorganization, the registered voters of a political subdivision in which the final plan of reorganization was rejected by a legislative body under subdivision (2) may submit a petition to the clerk of the circuit court approving the final plan of reorganization and requesting that a public question be held on the final plan of reorganization. The petition must be submitted not later than one hundred eighty (180) days after the legislative body voted to reject the final plan of reorganization. If the petition is signed by at least ten percent (10%) of the registered voters of the political subdivision:
            (A) the political subdivision is considered to have approved the holding of the public question on the final plan of reorganization, notwithstanding the vote by the legislative body rejecting the final plan of reorganization; and
            (B) the clerk of the circuit court shall certify approval of the final plan of the reorganization and the holding of the public question in the manner specified in section 23 of this chapter.
".
    Page 14, line 40, after "chapter" insert " , either from the legislative body of a political subdivision or from a clerk of the circuit court after a petition process under section 23.5 of this chapter in a political subdivision,".
    Page 15, line 3, after "subdivisions," insert " either from the legislative body of a political subdivision or from a clerk of the circuit court after a petition process under section 23.5 of this chapter in a political subdivision,".
    (Reference is to EHB 1362 as printed February 24, 2006.)

________________________________________

Senator LONG


MO136211/DI 73     2006