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SECOND REGULAR SESSION
HOUSE BILL NO. 2707
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE HRUZA.
4395H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 1 16.332, RSMo, and to enact in lieu thereof one new section relating to
review of initiative petitions by the attorney general.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 1 16.332, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 1 16.332, to read as follows:
1 16.332. 1. Before a constitutional amendment petition, a statutory initiative petition,
2 or a referendum petition may be circulated for signatures, a sample sheet must be submitted to
3 the secretary of state in the form in which it will be circulated. When a person submits a
4 sample sheet of a petition he or she shall designate to the secretary of state the name and
5 address of the person to whom any notices shall be sent pursuant to sections 1 16.140 and
6 1 16.180 and, if a committee or person, except the individual submitting the sample sheet, is
7 funding any portion of the drafting or submitting of the sample sheet, the person submitting
8 the sample sheet shall submit a copy of the filed statement of committee or ganization required
9 under subsection 5 of section 130.021 showing the date the statement was filed. The
10 secretary of state shall refer a copy of the petition sheet to the attorney general for his
11 approval and to the state auditor for purposes of preparing a fiscal note and fiscal note
12 summary . The secretary of state and attorney general must each review the petition for
13 suf ficiency as to form and approve or reject the form of the petition, stating the reasons for
14 rejection, if any .
15 2. W ithin two business days of receipt of any such sample sheet, the of fice of the
16 secretary of state shall conspicuously post on its website the text of the proposed measure, a
17 disclaimer stating that such text may not constitute the full and correct text as required under
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 section 1 16.050, and the name of the person or or ganization submitting the sample sheet. The
19 secretary of state's failure to comply with such posting shall be considered a violation of
20 chapter 610 and subject to the penalties provided under subsection 3 of section 610.027. The
21 posting shall be removed within three days of either the withdrawal of the petition under
22 section 1 16.1 15 or the rejection for any reason of the petition.
23 3. Upon receipt of a petition from the of fice of the secretary of state, the attorney
24 general shall examine the petition as to form and for compliance with the Constitution of
25 Missouri and applicable statutes .
26 (1) If the petition is rejected as to form, the attorney general shall forward his or her
27 comments to the secretary of state within ten days after receipt of the petition by the attorney
28 general. If the petition is approved as to form, the attorney general shall forward his or her
29 approval as to form to the secretary of state within ten days after receipt of the petition by the
30 attorney general.
31 (2) If the petition is not compliant with the Constitution of Missouri and
32 applicable statutes, the attorney general shall r eturn the petition to the secr etary of state
33 within ten days after recei pt of the petition by the attorney general and include a written
34 description of the conflicts. If the petition is compliant with the Constitution of Missouri
35 and applicable statutes, the attorney general shall forward his or her appr oval within
36 ten days after r eceipt of the petition by the attorney general.
37 4. The secretary of state shall review the comments and statements of the attorney
38 general as to form and make a final decision as to the approval or rejection of the form of the
39 petition. The secretary of state shall send written notice to the person who submitted the
40 petition sheet of the approval within fifteen days after submission of the petition sheet. The
41 secretary of state shall send written notice if the petition has been rejected, together with
42 reasons for rejection, within fifteen days after submission of the petition sheet.
✔
HB 2707 2