1 | 1 | | |
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2 | 2 | | SECOND REGULAR SESSION |
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3 | 3 | | SENATE BILL NO. 1076 |
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4 | 4 | | 102ND GENERAL ASSEMBLY |
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5 | 5 | | INTRODUCED BY SENATOR KOENIG. |
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6 | 6 | | 4205S.01I KRISTINA MARTIN, Secretary |
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7 | 7 | | AN ACT |
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8 | 8 | | To repeal section 116.160, RSMo, and to enact in lieu thereof one new section relating to ballot |
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9 | 9 | | summaries prepared by the general assembly. |
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10 | 10 | | |
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11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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12 | 12 | | Section A. Section 116.160, RSMo, is repealed and one new 1 |
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13 | 13 | | section enacted in lieu thereof, to be known as section 116.160, 2 |
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14 | 14 | | to read as follows:3 |
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15 | 15 | | 116.160. 1. If the general assembly adopts a joint 1 |
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16 | 16 | | resolution proposing a constitutional amendment or a bill 2 |
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17 | 17 | | without a fiscal note summary, which is to be referred to a 3 |
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18 | 18 | | vote of the people, after receipt of such resolution or bill 4 |
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19 | 19 | | the secretary of state shall promptly forward the resolution 5 |
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20 | 20 | | or bill to the state auditor. If the general assembly 6 |
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21 | 21 | | adopts a joint resolution pro posing a constitutional 7 |
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22 | 22 | | amendment or a bill without an official summary statement, 8 |
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23 | 23 | | which is to be referred to a vote of the people, within 9 |
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24 | 24 | | twenty days after receipt of the resolution or bill, the 10 |
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25 | 25 | | secretary of state shall prepare and transmit to the 11 |
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26 | 26 | | attorney general a summary statement of the measure as the 12 |
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27 | 27 | | proposed summary statement. The secretary of state may seek 13 |
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28 | 28 | | the advice of the legislator who introduced the 14 |
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29 | 29 | | constitutional amendment or bill and the speaker of the 15 |
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30 | 30 | | house or the president pro tem of the legislative chamber 16 |
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31 | 31 | | that originated the measure. The summary statement may be 17 |
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32 | 32 | | distinct from the legislative title of the proposed 18 SB 1076 2 |
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33 | 33 | | constitutional amendment or bill. The attorney general 19 |
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34 | 34 | | shall within ten days approve the legal content and form of 20 |
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35 | 35 | | the proposed statement. 21 |
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36 | 36 | | 2. If the general assembly adopts a joint resolution 22 |
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37 | 37 | | proposing a constitutional amendment or statutory measure 23 |
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38 | 38 | | that includes an official summary statement, the statement 24 |
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39 | 39 | | shall appear on the ballot, and no court shall ha ve the 25 |
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40 | 40 | | authority to rewrite or edit the summary statement or ballot 26 |
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41 | 41 | | language. If such summary statement or ballot language is 27 |
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42 | 42 | | challenged in court and the court finds the summary 28 |
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43 | 43 | | statement or ballot language to be legally flawed, the 29 |
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44 | 44 | | summary statement shall only be rewritten by the secretary 30 |
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45 | 45 | | of state, provided that the general assembly may, by passage 31 |
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46 | 46 | | of a concurrent resolution, pass a new summary statement at 32 |
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47 | 47 | | any time during a meeting of the general assembly prior to 33 |
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48 | 48 | | the sixth Tuesday before the e lection at which the ballot 34 |
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49 | 49 | | measure will be voted on by the people. Any such summary 35 |
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50 | 50 | | statement shall comply with section 116.155 or this section, 36 |
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51 | 51 | | as applicable. 37 |
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52 | 52 | | 3. The official summary statement shall contain no 38 |
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53 | 53 | | more than fifty words, excluding articles. The title shall 39 |
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54 | 54 | | be a true and impartial statement of the purposes of the 40 |
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55 | 55 | | proposed measure in language neither intentionally 41 |
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56 | 56 | | argumentative nor likely to create prejudice either for or 42 |
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57 | 57 | | against the proposed measure. 43 |
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58 | 58 | | |
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