FIRST REGULAR SESSION

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 498

91ST GENERAL ASSEMBLY


Reported from the Committee on Local Government and Economic Development, April 12, 2001, with recommendation that the Senate Committee Substitute do pass and be placed on the Consent Calendar.

TERRY L. SPIELER, Secretary.

1326L.03C


AN ACT

To repeal section 78.450, RSMo 2000, relating to ballot questions for maintaining the city manager form of government, and to enact in lieu thereof one new section relating to the same subject.


Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A.  Section 78.450, RSMo 2000, is repealed and one new section enacted in lieu thereof, to be known as section 78.450, to read as follows:

78.450.  1.  Any city which has operated [under] pursuant to the provisions of sections 78.430 to [78.640 not less than six years] 78.630 may abandon the form of organization provided for [herein] in sections 78.430 to 78.630, by proceeding as follows: Upon the petition of [not less than ten percent of the voters casting votes for governor in the last preceding general election of such city, as shown by the total vote cast at the last preceding municipal election of the city,] registered voters residing in the city numbering not less than twenty-five percent of the votes cast in the city in the last gubernatorial election, the question shall be submitted whether the city shall continue operating [under] pursuant to sections 78.430 to [78.640] 78.630, in the manner [herein] provided for the adoption of [said] sections 78.430 to [78.640.] 78.630.  Each petition shall contain, in addition to the printed names and signatures of each petitioner:

(1)  The street and house number of each petitioner;

(2)  The age of the petitioner;

(3)  An accompanying affidavit of one or more of the voters of the city.  The affidavit shall state:

(a)  That the signers of the petition were, at the time of signing, voters of the city; and

(b)  The number of signers of the petition at the time of the making of the affidavit.

2.  The question shall be submitted in substantially the following form:

Shall the city manager form of government for the city of ......... be continued?

3.  If a majority of the votes cast are against the continuation of the city manager form of government, then the provisions of sections 78.430 to [78.640] 78.630 and all amendments thereto cease to be effective in the city and the city shall resume the form of government it abandoned when it adopted the plan [herein] provided for in sections 78.430 to 78.630, and shall organize thereunder; except that any third class city, desiring to vote on the question to determine whether or not to remain organized under the provisions of sections 78.430 to [78.640] 78.630, may at the same time submit the question as to what form of government it shall adopt, if there is more than one other form provided for third class cities; but the change of form or organization [does] shall not become effective until the next municipal election thereafter.



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Missouri House of Representatives